National Labor Relations Board v. Jefferson Electric Company, a Division of Litton Systems, Inc.

Sixth Circuit

National Labor Relations Board v. Jefferson Electric Company, a Division of Litton Systems, Inc.

783 F.2d 679, 121 L.R.R.M. (BNA) 2908, 1986 U.S. App. LEXIS 22452

Court of Appeals for the Sixth Circuit·Decided February 24, 1986·No. 85-5360·Published·Cited by 1 cases

Opinion

PER CURIAM.

This case is before us on the application of the National Labor Relations Board to enforce its order. The administrative law judge found that the Jefferson Electric Company committed a violation of section 8(a)(3) of the National Labor Relations Act, 29 U.S.C. § 158(a)(3) (1982), when it discharged an employee who had campaigned actively for a union. The Board upheld the decision of the ALJ on the ground that the *680 General Counsel established a prima facie showing that the employee’s union activity was a motivating factor in the discharge and the company had not carried its burden of demonstrating that the employee would have been discharged absent her union activity. See NLRB v. Transportation Management Corp., 462 U.S. 393, 398-401, 103 S.Ct. 2469, 2472, 2474, 76 L.Ed.2d 667 (1983).

On consideration of the record, briefs and arguments, we find that the Board’s findings of fact are supported by substantial evidence. See 29 U.S.C. § 160(e); NLRB v. United Insurance Co., 390 U.S. 254, 260, 88 S.Ct. 988, 991, 19 L.Ed.2d 1083 (1968). We therefore GRANT enforcement of the Board’s order.

DAVID A. NELSON, Circuit Judge, concurring.

I concur in the opinion and judgment of the court, but write separately to express the view that the evidence on which the agency found a violation of the statute passes the “substantiality” test by only the narrowest of margins.

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PER CURIAM.

This case is before us on the application of the National Labor Relations Board to enforce its order. The administrative law judge found that the Jefferson Electric Company committed a violation of section 8(a)(3) of the National Labor Relations Act, 29 U.S.C. § 158(a)(3) (1982), when it discharged an employee who had campaigned actively for a union. The Board upheld the decision of the ALJ on the ground that the *680 General Counsel established a prima facie showing that the employee’s union activity was a motivating factor in the discharge and the company had not carried its burden of demonstrating that the employee would have been discharged absent her union activity. See NLRB v. Transportation Management Corp., 462 U.S. 393, 398-401, 103 S.Ct. 2469, 2472, 2474, 76 L.Ed.2d 667 (1983).

On consideration of the record, briefs and arguments, we find that the Board’s findings of fact are supported by substantial evidence. See 29 U.S.C. § 160(e); NLRB v. United Insurance Co., 390 U.S. 254, 260, 88 S.Ct. 988, 991, 19 L.Ed.2d 1083 (1968). We therefore GRANT enforcement of the Board’s order.

DAVID A. NELSON, Circuit Judge, concurring.

I concur in the opinion and judgment of the court, but write separately to express the view that the evidence on which the agency found a violation of the statute passes the “substantiality” test by only the narrowest of margins.

National Labor Relations Board v. Jefferson Electric Company, a Division of Litton Systems, Inc., 783 F.2d 679, 121 L.R.R.M. (BNA) 2908, 1986 U.S. App. LEXIS 22452 (6th Cir. 1986).

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