Opinion

National Labor Relations Board v. Thompson Products, Inc.

  • 97 F.2d 13
  • 2 L.R.R.M. (BNA) 707
  • 1938 U.S. App. LEXIS 3715
Court
Court of Appeals for the Sixth Circuit
Filed
May 10, 1938
Status
Published
Author
Allen
On the bench
Simons, Allen, and Hamilton, Circuit Judges
Cited by
50 cases
Authority
More cited than 7.5%

substantial evidence “means that the one weighing the evidence takes into consideration all the facts presented to him and all reasonable inferences, deductions and conclusions to be drawn therefrom and, considering them in their entirety and relation to each other, arrives at a fixed conviction.”

How later courts described this case

  • substantial evidence “means that the one weighing the evidence takes into consideration all the facts presented to him and all reasonable inferences, deductions and conclusions to be drawn therefrom and, considering them in their entirety and relation to each other, arrives at a fixed conviction.”

Written by the judges who cited it.

The opinion

ALLEN, Circuit Judge

(dissenting in part).

I am unable to concur in the decision as to the discharge of Casterline and Schuller. Schneider’s admission of resentment because he had not secured a promotion strongly supports the employer’s claim that he was discharged for inefficiency and slump in his work; but Casterline and Schuller each had excellent work records, and the reasons given by the employer for their discharge are unsubstantial. The fact that Casterline stole a fifty-cent lamp at the party of the employees was not given as a cause of complaint against him before the organization meeting, although the party occurred about a month before then. No one else was discharged for this cause, although property was taken at the party by other employees. Schuller had received four individual raises in pay between October 6, 1936, and April 6, 1937, when he was discharged. His foreman stated that it was possible that not all the scrap made on the evening of April 5th, which was blamed to Schuller, was actually made by Schuller. It is significant that when Schuller was discharged his sympathy for the Union was thrown up to him by the supervisor of his department.

While there is no evidence that the employer actively tried to prevent the holding of the meeting for the formation of a Union at this plant, it was not friendly to this organization. The meeting, attended by Casterline and Schuller, was the first open meeting held, and was for the express purpose of organizing within the plant. Only eighteen out of some fifteen hundred of the employees remained at it for organization purposes, and they of course were marked men. Casterline and Schuller were among them, and each was discharged within a few days later. This constitutes in my opinion substantial evidence of discharge because of Union membership and activity, and hence the findings of the Board are conclusive upon these matters. Title 29 U.S.C.A. § 160 (e) ; Agwilines, Inc. v. National Labor Relations Board, 5 Cir., 87 F.2d 146 .

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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