National Labor Relations Board v. Arcade-Sunshine Co.

D.C. Circuit

National Labor Relations Board v. Arcade-Sunshine Co.

132 F.2d 8, 76 U.S. App. D.C. 312, 11 L.R.R.M. (BNA) 603, 1942 U.S. App. LEXIS 2519

CourtCourt of Appeals for the D.C. Circuit

DecidedOctober 19, 1942

DocketNo. 7598

StatusPublished

Cited by10 cases

This text of 132 F.2d 8 (National Labor Relations Board v. Arcade-Sunshine Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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National Labor Relations Board v. Arcade-Sunshine Co., 132 F.2d 8, 76 U.S. App. D.C. 312, 11 L.R.R.M. (BNA) 603, 1942 U.S. App. LEXIS 2519 (D.C. Cir. 1942).

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Opinion

PER CURIAM.

This court decreed the enforcement of an order of petitioner, National Labor Relations Board, against respondent, Arcade-Sunshine Company, Inc., and its officers, agents, successors, and assigns.¹ The Board afterwards filed a petition for an order to adjudge respondent Company, and a number of its officers and agents, in contempt for violations of our decree.² We issued an order requiring respondents to show cause why they should not be held in contempt. We also referred the case to Charles F. Wilson, Esq., as Special Master, to hear evidence, and to report it to the court together with his findings of fact and conclusions of law.

The master held hearings. On July 1, 1942, he reported specific and general findings to the effect that neither respondent Company nor any of the individual respondents had wilfully violated the court’s decree. He recommended, accordingly, that none of respondents should be adjudged in contempt, and that the order to show cause should be dismissed as to all of them. His report is in due form. The accompanying transcript of evidence comprises over 2,000 pages. Respondents have moved to confirm the master’s report, and petitioner has moved to set it aside.

The evidence on all essential points was in direct conflict. The master, who saw and heard the witnesses, is in a better position than we to weigh the evidence and decide the conflicts. A court does not set aside a master’s report simply because it might have reached a different conclusion. A master’s findings are not to be set aside unless the court is of the opinion that they are clearly erroneous. A majority of the court are not of that opinion here. It would serve no useful purpose to set forth the evidence, and the several views of the members of the court with respect to its credibility and its sufficiency to support the master’s findings. The master’s report will be confirmed, the order to show cause discharged, and the Board’s petition denied.

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PER CURIAM.

This court decreed the enforcement of an order of petitioner, National Labor Relations Board, against respondent, Arcade-Sunshine Company, Inc., and its officers, agents, successors, and assigns.¹ The Board afterwards filed a petition for an order to adjudge respondent Company, and a number of its officers and agents, in contempt for violations of our decree.² We issued an order requiring respondents to show cause why they should not be held in contempt. We also referred the case to Charles F. Wilson, Esq., as Special Master, to hear evidence, and to report it to the court together with his findings of fact and conclusions of law.

The master held hearings. On July 1, 1942, he reported specific and general findings to the effect that neither respondent Company nor any of the individual respondents had wilfully violated the court’s decree. He recommended, accordingly, that none of respondents should be adjudged in contempt, and that the order to show cause should be dismissed as to all of them. His report is in due form. The accompanying transcript of evidence comprises over 2,000 pages. Respondents have moved to confirm the master’s report, and petitioner has moved to set it aside.

The evidence on all essential points was in direct conflict. The master, who saw and heard the witnesses, is in a better position than we to weigh the evidence and decide the conflicts. A court does not set aside a master’s report simply because it might have reached a different conclusion. A master’s findings are not to be set aside unless the court is of the opinion that they are clearly erroneous. A majority of the court are not of that opinion here. It would serve no useful purpose to set forth the evidence, and the several views of the members of the court with respect to its credibility and its sufficiency to support the master’s findings. The master’s report will be confirmed, the order to show cause discharged, and the Board’s petition denied.

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132 F.2d 8, 76 U.S. App. D.C. 312, 11 L.R.R.M. (BNA) 603, 1942 U.S. App. LEXIS 2519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-arcade-sunshine-co-cadc-1942.

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