Opinion

Ohio Power Company v. National Labor Relations Board

  • 539 F.2d 575
  • 92 L.R.R.M. (BNA) 3400
  • 1976 U.S. App. LEXIS 7939
Court
Court of Appeals for the Sixth Circuit
Filed
Jul 20, 1976
Status
Published
Author
Peck
On the bench
Edwards, Peck, Engel
Cited by
7 cases
Authority
More cited than 25.1%

striking employee intentionally bumped employee, knocking him to ground

How later courts described this case

  • striking employee intentionally bumped employee, knocking him to ground

Written by the judges who cited it.

The opinion

JOHN W. PECK, Circuit Judge,

concurring in part and dissenting in part.

I am in agreement with the conclusion of the majority opinion in denying enforcement of the Board’s order with regard to Joseph Campbell. However, Larry Greene, in my judgment, committed an assault and battery upon a supervisor which justified his discharge. The Board-adopted administrative judge’s finding that the incident did not create a hazard to equipment or personnel is not, in my judgment, supported byv substantial evidence, since it is conceded that the sixty-two year old victim of the *582 assault was the driver of a company vehicle which was stopped awaiting a light change at a busy intersection and who (despite a finding to the contrary) was clearly startled when something suddenly “brushed across” his face, and Greene’s hand snatched the cigar from his mouth. In N.L.R.B. v. Hartmann Luggage Co., 453 F.2d 178 (6th Cir. 1971), we denied enforcement as to an employee guilty of less provocative conduct in striking a vehicle, but without touching the driver, commenting, “Mrs. Jordan’s striking of a passing automobile not only was a serious act of misconduct, but also might easily have incited her companions to further violence or have led to physical retaliation.” 453 F.2d at 185 .

I would deny enforcement of the Board’s order as to Larry Greene.

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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