# National Labor Relations Board v. Brookshire Grocery Company, D/B/A Super One Foods, 601

> Court of Appeals for the Fifth Circuit · December 19, 1990 · 919 F.2d 359

URL: https://www.frixlaw.com/law-library/cases/9481043

## Case

- **Full name:** NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BROOKSHIRE GROCERY COMPANY, D/B/A Super One Foods, # 601, Respondent
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** December 19, 1990
- **Citations:** 919 F.2d 359; 136 L.R.R.M. (BNA) 2136; 1990 U.S. App. LEXIS 21808
- **Precedential status:** Published
- **Opinion:** Concurrence by Rubin
- **Judges:** Rubin, Smith, Barksdale
- **Cited by:** 21 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/9481043

## How later opinions describe it (automated extraction)

- holding that an employee forfeited his remedial rights under the Act by violating company policy and then lying under oath about the incident
- noting that the NLRB should look "beyond the company's asserted reasons to evaluate all circumstances involved in the firing"

## Opinion text

ALVIN B. RUBIN, Circuit Judge,
specially concurring:
For the reasons stated in part III of the opinion, I concur. I do not think that the cases previously decided by the Board, Bullock’s, 1 Roadway Express, Inc., 2 and W.R. Grace Co., 3 resolve the issue whether the AU and the Board can consider information beyond that originally known to and cited by the employer in deciding whether the employee was or was not discharged for engaging in an unprotected activity. I therefore would not decide that issue until the Board has itself directly considered it.
. 251 N.L.R.B. 425 (1980) (supplemental decision and order).
. 271 N.L.R.B. 1238 (1984).
. 240 N.L.R.B. 813 (1979).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9481043. Public record. Not legal advice.