Opinion

National Labor Relations Board v. Dal-Tex Optical Company, Inc.

  • 325 F.2d 78
  • 54 L.R.R.M. (BNA) 2671
  • 1963 U.S. App. LEXIS 3572
Court
Court of Appeals for the Fifth Circuit
Filed
Nov 27, 1963
Status
Published
On the bench
Tuttle, Brown, Gewin
Cited by
8 cases
Authority
More cited than 86.7%

The opinion

PER CURIAM.

A careful scrutiny of the record in this case, especially the report of the trial examiner who recommended dismissal of the proceedings, convinces us that there is a lack of substantial evidence on the record as a whole to support the Board’s order. The examiner made credibility determinations as to both the surveillance charge and the discriminatory discharges charge. We conclude that they should have been followed by the Board in the absence of any substantial countervailing evidence.

The petition to enforce is denied.

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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