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

Fifth Circuit

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

Court of Appeals for the Fifth Circuit·Decided November 27, 1963·No. 20257·Published·Cited by 8 cases

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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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.

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).

Pincite

325 F.2d 78 (National Labor Relations Board v. Dal-Tex Optical Company, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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