# Ohio Power Company v. National Labor Relations Board

> Court of Appeals for the Sixth Circuit · July 20, 1976 · 539 F.2d 575

URL: https://www.frixlaw.com/law-library/cases/9462958

## Case

- **Full name:** OHIO POWER COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** July 20, 1976
- **Citations:** 539 F.2d 575; 92 L.R.R.M. (BNA) 3400; 1976 U.S. App. LEXIS 7939
- **Precedential status:** Published
- **Opinion:** Concurring in part by Peck
- **Judges:** Edwards, Peck, Engel
- **Cited by:** 7 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/9462958

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9462958. Public record. Not legal advice.