Opinion

National Labor Relations Board v. Mooney Aircraft, Inc.

337 F.2d 605
57 L.R.R.M. (BNA) 2358
1964 U.S. App. LEXIS 4104

Court: Court of Appeals for the Fifth Circuit
Filed: Oct 21, 1964
Status: Published
On the bench: Rives, Brown, Garza
Cited by: 2 cases
Authority: More cited than 73.9%

The opinion

PER CURIAM.

The Board petitions for enforcement of its order requiring reinstatement of an 'employee with an award of back pay ^because of a discriminatory discharge in violation of § 8(a) (3), 49 Stat. 452 , as amended, 29 U.S.C.A. § 158 (a) (3) (Supp.1963). The critical issue of discriminatory motivation was essentially a ■factual controversy requiring credibility ■choices left to the Board. As in prior •cases, we find the evidence sufficient. Mooney Aircraft, Inc., 138 NLRB 1331 , enforced, N. L. R. B. v. Mooney Aircraft, Inc., 5 Cir., 1964, 328 F.2d 426 ; Mooney Aircraft, Inc., 132 NLRB 1194 , enforced, N. L. R. B. v. Mooney Aircraft, Inc., 5 Cir., 1962, 310 F.2d 565 .

Enforced.

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