# National Labor Relations Board v. McNally Bros., Inc. > Court of Appeals for the Second Circuit · October 20, 1969 · 417 F.2d 1029 URL: https://www.frixlaw.com/law-library/cases/287083 ## Case - **Full name:** NATIONAL LABOR RELATIONS BOARD, Petitioner, v. McNALLY BROS., INC., Respondent - **Court:** Court of Appeals for the Second Circuit - **Decided:** October 20, 1969 - **Citations:** 417 F.2d 1029; 72 L.R.R.M. (BNA) 2575; 1969 U.S. App. LEXIS 10363 - **Precedential status:** Published - **Opinion:** Opinion - **Judges:** Friendly, Smith, Feinberg - **Cited by:** 2 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/287083 ## Opinion text PER CURIAM: The National Labor Relations Board seeks enforcement of its order which, inter alia, requires respondent Mc-Nally Bros., Inc. to offer reinstatement to its former employee, Edward Peterson, and make him whole for any loss of pay. *1030 167 N.L.R.B. No. 118 (1967). There was credible evidence before the Board that the Company terminated and refused to rehire Peterson because he had instigated a grievance proceeding against a closely related company and had filed an unfair labor practice charge with the Board. The Board was not required to credit the Company’s version that Peterson was discharged for failing to comply with a Company rule regarding absences. Accordingly, there was substantial evidencé to support the finding that the Company violated sections 8(a) (3), (4) and (1) of the Act. In addition, the nature of the hearing before the trial examiner does not warrant denial of enforcement. While the examiner could have been more evenhanded, his conduct did not deprive respondent of a fair hearing. Enforcement granted. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/287083. Public record. Not legal advice.