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

> Court of Appeals for the Fifth Circuit · November 27, 1963 · 325 F.2d 78

URL: https://www.frixlaw.com/law-library/cases/262493

## Case

- **Full name:** NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DAL-TEX OPTICAL COMPANY, Inc., Respondent
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** November 27, 1963
- **Citations:** 325 F.2d 78; 54 L.R.R.M. (BNA) 2671; 1963 U.S. App. LEXIS 3572
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Tuttle, Brown, Gewin
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/262493

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/262493. Public record. Not legal advice.