Opinion

Hicks-Ponder Company, Petitioner-Cross v. National Labor Relations Board, Respondent-Cross

  • 424 F.2d 538
Court
Court of Appeals for the Fifth Circuit
Filed
Apr 15, 1970
Status
Published
On the bench
Wisdom, Coleman, Simpson
Cited by
0 cases
Authority
More cited than 52.3%

The opinion

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 the Hicks-Ponder Company violated section 8(a) (1) of the National Labor Relations Act, 29 U.S.C. § 158 (a) (1), by interfering with, restraining, and coercing its employees in the exercise of their section 7 organizational rights. It also found an 8(a) (3) and (1) violation in the discriminatory discharge of employee Josephine Jaime. The question before us, again, is whether substantial evidence on the record taken as a whole supports the findings. See NLRB v. Monroe Auto *539 Equipment Co., 5 Cir. 1968, 392 F.2d 599 .

There is ample evidence to support the Board on the first violation. The second is complicated in that several of the relevant witnesses gave evasive testimony. Apparently none presented a completely accurate and detached statement of what occurred. But on the basis of the record we are unable to say that the Trial Examiner — and the Board in affirming him —made erroneous credibility determinations. *

Consequently, we enforce the order of the Board.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.