Home/Fifth Circuit/National Labor Relations Board v. Dal-Tex Optical Company, Inc.

National Labor Relations Board v. Dal-Tex Optical Company, Inc.

325 F.2d 78, 54 L.R.R.M. (BNA) 2671, 1963 U.S. App. LEXIS 3572
CourtCourt of Appeals for the Fifth Circuit
DecidedNovember 27, 1963
Docket20257
StatusPublished
Cited by8 cases

This text of 325 F.2d 78 (National Labor Relations Board v. Dal-Tex Optical Company, Inc.) 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
National Labor Relations Board v. Dal-Tex Optical Company, Inc., 325 F.2d 78, 54 L.R.R.M. (BNA) 2671, 1963 U.S. App. LEXIS 3572 (5th Cir. 1963).

Opinion

PER CURIAM.

A careful scrutiny of the record in this case, especially the report of the trial examiner who recommended dismissal of the proceedings, convinces us that there is a lack of substantial evidence on the record as a whole to support the Board’s order. The examiner made credibility determinations as to both the surveillance charge and the discriminatory discharges charge. We conclude that they should have been followed by the Board in the absence of any substantial countervailing evidence.

The petition to enforce is denied.

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Bluebook (online)
325 F.2d 78, 54 L.R.R.M. (BNA) 2671, 1963 U.S. App. LEXIS 3572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-dal-tex-optical-company-inc-ca5-1963.