knight (dangerous workplace) - Page 1 251 F.2d 753, *; 1957...

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Page 1 251 F.2d 753, *; 1957 U.S. App. LEXIS 4575, **; 41 L.R.R.M. 2242; 33 Lab. Cas. (CCH) P71,148 13 of 23 DOCUMENTS NATIONAL LABOR RELATIONS BOARD, Petitioner, v. KNIGHT MORLEY CORPORATION, Respondent No. 13116 UNITED STATES COURT OF APPEALS SIXTH CIRCUIT 251 F.2d 753; 1957 U.S. App. LEXIS 4575; 41 L.R.R.M. 2242; 33 Lab. Cas. (CCH) P71,148 December 18, 1957 CASE SUMMARY: PROCEDURAL POSTURE: Petitioner, the National Labor Relations Board, sought enforcement of its decision and order, which held that respondent employer had violated § 8(a)(1)(3), (5) of the Labor Management Relations Act of 1947, 29 U.S.C.S. § 141 et seq. The employer was ordered to reinstate with back pay certain employees who were im- properly discharged. OVERVIEW: The employer operated a manufacturing plant engaged in the production of rear view mirrors and other automobile accessories. The employees were working in the buffing room when the air exhaust system broke down. Under Mich.Stat.Ann. §§ 17.26 and 17.36 to 17.39, Comp.Laws 1948, §§ 408.66, 408.77-408.80, the employer had to provide exhaust fans for the purpose of carrying off dust from emery wheels and grinders and dust-creating machinery. The employer fixed the exhaust system improperly. The employees refused to work, and they walked out. The employer discharged them, and it also discharged many others who went out on strike in support of them. The Board found that the discharges were improper. The court granted enforcement of the Board's order. The court held that, under § 502 of the Labor Management Relations Act of 1947, 29 U.S.C.S. § 143, walking out under a good faith belief of abnormally dangerous conditions did not constitute a strike. Thus, the employees who refused to work had to be reinstated. As to evidence, the employees, as lay witnesses, could testify to the health conditions of the workplace. The employer's peti- tion for rehearing was denied. OUTCOME: The court granted the Board a decree enforcing its order. The court denied the employer's petition for re- hearing. CORE TERMS: blower, buffer, buffing, grievance, examiner, appendix, discharged, bargaining, abnormally, heat, dis- ease, dust, humidity, bargain, plant, grievance procedure, good faith, temperature, abrasives, industrial, physical condi- tions, no-strike, afternoon, wires, grit, new contract, working conditions, dangerous conditions, cessation of work, in- side LexisNexis(R) Headnotes [HN1] Under Mich.Stat.Ann. §§ 17.26 and 17.36 to 17.39, Comp.Laws 1948, §§ 408.66, 408.77-408.80, an employer is required to provide in its buffing room exhaust fans for the purpose of carrying off dust from emery wheels and grinders and dust-creating machinery. Sections 17.36 and 17.37 read together require that blowers and hoods be provided to pro- tect the persons using buffing wheels from dust produced thereby and to catch and dispose of the dust thrown off by
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knight (dangerous workplace) - Page 1 251 F.2d 753, *; 1957...

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