National Labor Relations Board v. Mooresville Mills

Fourth Circuit

National Labor Relations Board v. Mooresville Mills

204 F.2d 87, 32 L.R.R.M. (BNA) 2081, 1953 U.S. App. LEXIS 3634

Court of Appeals for the Fourth Circuit·Decided May 6, 1953·No. 6557_1·Published

Opinion

PER CURIAM.

This is a petition to enforce an order of the National Labor Relations Board which found respondent guilty of unfair labor practices and ordered it to desist therefrom and to reinstate with back pay three employees, Hawkins, Davis and McGraw, whom it found to have been discriminato-rily discharged because of union membership. The facts are fully set forth in the report of the trial examiner and the decision of the board. We think that the findings and order of the board are sustained by substantial evidence on the record considered as a whole, except with respect to the discharges of Davis and McGraw. As to these employees, we do not think that.the record as a whole supports the finding that they were discharged for union membership.

The order of the Board will accordingly be modified by eliminating therefrom all provisions relating to Davis and McGraw; and as so modified it will be enforced.

Modified and enforced.

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PER CURIAM.

This is a petition to enforce an order of the National Labor Relations Board which found respondent guilty of unfair labor practices and ordered it to desist therefrom and to reinstate with back pay three employees, Hawkins, Davis and McGraw, whom it found to have been discriminato-rily discharged because of union membership. The facts are fully set forth in the report of the trial examiner and the decision of the board. We think that the findings and order of the board are sustained by substantial evidence on the record considered as a whole, except with respect to the discharges of Davis and McGraw. As to these employees, we do not think that.the record as a whole supports the finding that they were discharged for union membership.

The order of the Board will accordingly be modified by eliminating therefrom all provisions relating to Davis and McGraw; and as so modified it will be enforced.

Modified and enforced.

National Labor Relations Board v. Mooresville Mills, 204 F.2d 87, 32 L.R.R.M. (BNA) 2081, 1953 U.S. App. LEXIS 3634 (4th Cir. 1953).

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204 F.2d 87 (National Labor Relations Board v. Mooresville Mills) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.