Bilyeu Motor Corporation v. National Labor Relations Board

Fifth Circuit

Bilyeu Motor Corporation v. National Labor Relations Board

391 F.2d 928, 67 L.R.R.M. (BNA) 2975, 1968 U.S. App. LEXIS 7548

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 27, 1968

Docket24457_1

StatusPublished

Cited by1 cases

This text of 391 F.2d 928 (Bilyeu Motor Corporation v. National Labor Relations Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bilyeu Motor Corporation v. National Labor Relations Board, 391 F.2d 928, 67 L.R.R.M. (BNA) 2975, 1968 U.S. App. LEXIS 7548 (5th Cir. 1968).

Pincite

Opinion

PER CURIAM:

The Employer, Bilyeu Motor Corporation, seeks to set aside the Board’s order, 161 N.L.R.B. No. 93, requiring it to cease and desist from engaging in certain unfair labor practices in violation of §§ 8(a) (1) and 8(a) (3) of the Act, 29 U.S.C.A. § 158(a) (1), (a) (3). The Board, in adopting the Trial Examiner’s decision, found that Employer had coercively interrogated its employees and threatened them with discharge and had discharged one employee for his union activities. The sole issue presented is whether substantial evidence supports these conclusions.

Acutely aware of our limited role in cases of this type which recognizes that in a de novo proceeding we might well have reached a conclusion contrary to that of the Board, we must enforce the Board’s order. To support the Board's conclusions the evidence and the inferences which may be drawn from it are weak indeed, but they suffice. The initial choice between two reasonable though conflicting views of the events surrounding the practices under consideration here is not ours, N. L. R. B. v. Certain-Teed Prods. Corp., 5 Cir., 1968, 387 F.2d 639, but the Board’s.

Enforced.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

The Employer, Bilyeu Motor Corporation, seeks to set aside the Board’s order, 161 N.L.R.B. No. 93, requiring it to cease and desist from engaging in certain unfair labor practices in violation of §§ 8(a) (1) and 8(a) (3) of the Act, 29 U.S.C.A. § 158(a) (1), (a) (3). The Board, in adopting the Trial Examiner’s decision, found that Employer had coercively interrogated its employees and threatened them with discharge and had discharged one employee for his union activities. The sole issue presented is whether substantial evidence supports these conclusions.

Acutely aware of our limited role in cases of this type which recognizes that in a de novo proceeding we might well have reached a conclusion contrary to that of the Board, we must enforce the Board’s order. To support the Board's conclusions the evidence and the inferences which may be drawn from it are weak indeed, but they suffice. The initial choice between two reasonable though conflicting views of the events surrounding the practices under consideration here is not ours, N. L. R. B. v. Certain-Teed Prods. Corp., 5 Cir., 1968, 387 F.2d 639, but the Board’s.

Enforced.

Cite This Page — Counsel Stack

Bluebook (online)

391 F.2d 928, 67 L.R.R.M. (BNA) 2975, 1968 U.S. App. LEXIS 7548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bilyeu-motor-corporation-v-national-labor-relations-board-ca5-1968.

Opinion

Related

Cite This Page — Counsel Stack