Opinion

National Labor Relations Board v. Muncy Corporation

  • 519 F.2d 169
  • 89 L.R.R.M. (BNA) 2928
  • 1975 U.S. App. LEXIS 13710
Court
Court of Appeals for the Sixth Circuit
Filed
Jul 14, 1975
Status
Published
On the bench
Peck, McCree, Miller
Cited by
1 cases
Authority
More cited than 46.0%

owner’s conduct in tearing down protected union picket signs from utility poles found to be an unfair labor practice

How later courts described this case

  • owner’s conduct in tearing down protected union picket signs from utility poles found to be an unfair labor practice

Written by the judges who cited it.

The opinion

PER CURIAM.

There is before the Court for consideration an application by the petitioner for enforcement of an order of the National Labor Relations Board dated June 10, 1974, and reported at 211 N.L.R.B. No. 30. The issues presented all involve sufficiency of the evidence questions, and in each area of concern the Board approved and adopted the findings of the administrative law judge.

Specifically, we are required to determine whether there is substantial evidence in the record as a whole to support the Board’s findings that the Company interfered with, restrained and coerced its employees in violation of Section 8(a)(1) of the National Labor Relations Act; that the Company refused to bargain in good faith with the Union in violation of Section 8(a)(5) and (1) of the Act; and that the Company violated Section 8(a)(3) and (1) of the Act by

*170

refusing to reinstate and by discharging unfair labor practice strikers because of their union activities.

As is not infrequently the case, we are confronted with a situation in which the administrative law judge chose to discredit the testimony of the witnesses for the petitioner and to credit those of the Union, but we conclude that it cannot be said that there is not sufficient testimony in the record to support the findings of fact adopted by the Board.

Universal Camera Corp.

v.

N.L.R.B.,

340 U.S. 474 , 71 S.Ct. 456 , 95 L.Ed. 456 (1951).

Enforcement of the order is 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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