National Labor Relations Board v. Mylan-Sparta Co.

McALLISTER, Circuit Judge

(dissenting in part).

I concur with the foregoing opinion except with respect to the matter of Carrie *492 Bennet. She was not discharged for propagandizing or disturbing or hindering other workers in the performance of their duties, but solely for failure to “make her production.” But although she admitted she did not make such production, a comparison of her record with that of other trimmers shows that she was far more efficient than a majority of her fellow employees, and actually produced more than most of the other workers performing similar work. The company first registered its complaint about her production record on the day after she had become an ardent and enthusiastic charter member of the union. I am of the opinion that the findings of the Board that she was discharged for union activities are sustained by the evidence.