Opinion

National Labor Relations Board v. Holly Farms Poultry Industry, Inc.

  • 455 F.2d 969
  • 79 L.R.R.M. (BNA) 2602
  • 1972 U.S. App. LEXIS 11398
Court
Court of Appeals for the Fourth Circuit
Filed
Feb 8, 1972
Status
Published
On the bench
Winter, Craven, Butzner
Cited by
0 cases
Authority
More cited than 12.7%

The opinion

PER CURIAM:

This case is before us upon application of the National Labor Relations Board for enforcement of its order, reported at 187 NLRB No. 116 , finding that the respondent, Holly Farms Poultry Industry, Inc., violated § 8(a) (1) and (3) of the National Labor Relations Act by discharging employees William H. Key, Jr., and Betty Lee Wagoner because of their activities on behalf of the union. The respondent contends that both Key and Wagoner were discharged

*970

not for their union activity but rather because of their solicitation on behalf of the union during working hours in violation of a company rule barring such solicitation. Respondent admits that credibility resolutions are peculiarly within the province of the Trial Examiner and the Board. It asserts, however, that a clear preponderance of the relevant evidence demonstrates that those credibility findings are incorrect.

We see no merit in the respondent’s contentions since an examination of the record as a whole discloses substantial evidence in support of the Trial Examiner’s findings with respect to the discharges of both Key and Wagoner. Universal Camera Corp. v. NLRB, 340 U.S. 474 , 71 S.Ct. 456 , 95 L.Ed. 456 (1951).

Accordingly, we dispense with oral argument and enforce the Board’s order.

Enforcement granted.

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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