Magic Chef, Inc. v. National Labor Relations Board

Sixth Circuit

Magic Chef, Inc. v. National Labor Relations Board

443 F.2d 374, 77 L.R.R.M. (BNA) 2735, 1971 U.S. App. LEXIS 9277

CourtCourt of Appeals for the Sixth Circuit

DecidedJune 28, 1971

Docket20454, 20455

StatusPublished

This text of 443 F.2d 374 (Magic Chef, Inc. v. National Labor Relations Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Magic Chef, Inc. v. National Labor Relations Board, 443 F.2d 374, 77 L.R.R.M. (BNA) 2735, 1971 U.S. App. LEXIS 9277 (6th Cir. 1971).

Pincite

Opinion

PER CURIAM.

These cases involve two petitions for review and cross-applications for enforcement of orders of the National Labor Relations Board. They have been consolidated for hearing and decision.

The orders required the company to rehire and grant back pay to three employees whom the Board found to be discharged because of union activities, in violation of § 8(a) (1) and (3) of the National Labor Relations Act, 29 U.S.C. § 158(a) (1) and (3) (1964).

The discharges were justified by company officials on the ground that each of the men had violated a general no solicitation rule by soliciting union memberships.

From the evidence given before the Hearing Examiner and from the fact that each man had a prior good work record before the discharge, the Board inferred that the discharges were pretextual.

On review of the evidentiary record, we find substantial support for the findings of the Board.

Additionally, in Case No. 20,454, petitioner contends that the union had not filed timely exceptions to the Trial Examiner’s decision. On review of the record, we find no merit to this contention.

The orders of the National Labor Relations Board will be enforced.

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