National Labor Relations Board v. Nashua Pre-Cast Corporation

First Circuit

National Labor Relations Board v. Nashua Pre-Cast Corporation

475 F.2d 765, 82 L.R.R.M. (BNA) 2896, 1973 U.S. App. LEXIS 11057

Court of Appeals for the First Circuit·Decided March 16, 1973·No. 72-1339·Published·Cited by 2 cases

Opinion

PER CURIAM.

The basic question presented on this petition for enforcement is whether there was substantial evidence to support the Board’s findings. Without in any way departing from our rule that the burden of producing evidence, as distinguished from speculation, is on the Board, e. g., NLRB v. Millard Metal Service Center, Inc., 1 Cir., 1973, 472 F.2d 647; Cross Baking Co. v. NLRB, 1 Cir., 1971, 453 F.2d 1346, respondent’s criticism of the Board’s decision, 198 N.L.R.B. No. 30 (1972), cannot be viewed as of that nature. Respondent’s over-extensive briefing recites evidence which might have warranted a different result, but it does not require us to reject the evidence on which the Board relied, or the inferences it reasonably drew therefrom.

The order will be enforced.

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PER CURIAM.

The basic question presented on this petition for enforcement is whether there was substantial evidence to support the Board’s findings. Without in any way departing from our rule that the burden of producing evidence, as distinguished from speculation, is on the Board, e. g., NLRB v. Millard Metal Service Center, Inc., 1 Cir., 1973, 472 F.2d 647; Cross Baking Co. v. NLRB, 1 Cir., 1971, 453 F.2d 1346, respondent’s criticism of the Board’s decision, 198 N.L.R.B. No. 30 (1972), cannot be viewed as of that nature. Respondent’s over-extensive briefing recites evidence which might have warranted a different result, but it does not require us to reject the evidence on which the Board relied, or the inferences it reasonably drew therefrom.

The order will be enforced.

National Labor Relations Board v. Nashua Pre-Cast Corporation, 475 F.2d 765, 82 L.R.R.M. (BNA) 2896, 1973 U.S. App. LEXIS 11057 (1st Cir. 1973).

Pincite

475 F.2d 765 (National Labor Relations Board v. Nashua Pre-Cast Corporation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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