Opinion

National Labor Relations Board v. Unified Industries, Inc., and Its President John Miller

  • 273 F.2d 431
  • 45 L.R.R.M. (BNA) 2378
  • 1960 U.S. App. LEXIS 5706
Court
Court of Appeals for the Sixth Circuit
Filed
Jan 6, 1960
Status
Published
On the bench
Martin, Weick, Brooks
Cited by
1 cases
Authority
More cited than 49.6%

The opinion

PER CURIAM.

The National Labor Relations Board has petitioned this Court for enforcement of its order against the respondents.

The hearing of the complaint filed before the Board was' conducted by a Trial Examiner who adopted an intermediate report containing findings of fact and conclusions of law. Exceptions to the report filed by respondents were heard by a three member panel of the Board.

The Board affirmed the rulings of the Trial Examiner and substantially adopted his findings of fact and conclusions of law, with one exception not material here. The findings of fact of the Trial Examiner and the Board were to the effect that President Miller of the respondent company and its foreman, McDonald, had interrogated employees at their homes and had threatened them with respect to union activity; that the respondents had deprived the employee Schmuck of overtime and later discharged him because of his union activity. The conclusions of law were that this conduct was in violation of Sections 8 (a) (1) and 8(a) (3) of the National Labor Relations Act as amended. 61 Stat. 136 , 29 U.S.C.A. § 151 et seq.

The Board entered an order requiring the respondents to cease and desist, from violating Sections 8(a) (1) and (3) of the Act and to reinstate Schmuck with back pay.

Respondents have challenged the sufficiency of the evidence to support the order of the Board.

Upon review of the record, it. appears to us that there was substantial evidence to support the findings of fact of the Board. This being true, we have no right to disturb them. The conclusions of law of the Board were correct.

A decree will, therefore, be entered enforcing the order of the Board.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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