# Red Arrow Freight Lines v. National Labor Relations Board

> Court of Appeals for the Fifth Circuit · February 19, 1970 · 423 F.2d 35

URL: https://www.frixlaw.com/law-library/cases/288958

## Case

- **Full name:** RED ARROW FREIGHT LINES, Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** February 19, 1970
- **Citations:** 423 F.2d 35; 73 L.R.R.M. (BNA) 2622; 1970 U.S. App. LEXIS 10630
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Wisdom, Coleman, Simpson
- **Cited by:** 1 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/288958

## Opinion text

PER CURIAM.
We have concluded on the merits that oral argument is unnecessary in this case. Accordingly, we have directed the Clerk to place the case on the Summary Calendar and to notify the parties of this fact in writing.
See
Huth v. Southern Pacific Co., 5 Cir. 1969, 417 F.2d 526 ; Murphy v. Houma Well Service, 5 Cir. 1969, 409 F.2d 804 ; 5th Cir. R. 18.
The National Labor Relations Board found that Red Arrow Freight Lines violated section 8(a) (3) and (1) of the National Labor Relations Act, 29 U.S.C. § 158 (a) (3) and (1), by discriminatorily refusing to hire Lyal L.
*36
Foster because of his actual or suspected membership in the Teamsters Union. 175 NLRB No. 160 . The only question on review is whether substantial evidence on the record taken as a whole supports this conclusion.
See
NLRB v. Monroe Auto Equipment Co., 5 Cir. 1968, 392 F.2d 559 .
On many of the factual questions, reasonable men might have reached different conclusions, and there were several credibility determinations to be made by the Trial Examiner. But there is ample evidence to support the findings.
Therefore, we enforce the order of the Board.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/288958. Public record. Not legal advice.