National Labor Relations Board v. S. E. Nichols of Ohio, Inc.

Sixth Circuit

National Labor Relations Board v. S. E. Nichols of Ohio, Inc.

472 F.2d 1228, 82 L.R.R.M. (BNA) 2415, 1972 U.S. App. LEXIS 6108

CourtCourt of Appeals for the Sixth Circuit

DecidedDecember 27, 1972

Docket72-1493

StatusPublished

Cited by12 cases

This text of 472 F.2d 1228 (National Labor Relations Board v. S. E. Nichols of Ohio, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. S. E. Nichols of Ohio, Inc., 472 F.2d 1228, 82 L.R.R.M. (BNA) 2415, 1972 U.S. App. LEXIS 6108 (6th Cir. 1972).

Pincite

Opinion

PER CURIAM.

The National Labor Relations Board seeks enforcement of its order directing respondent to cease and desist from violation of sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act.

The Board had found that respondent’s supervisory personnel had engaged in coercive interrogation of employees concerning union activities and had made promises of benefits to employees and had discharged certain employees for union activities. While the record in this case indicates that much of the evidence was in direct conflict and that the resolution of issues of credibility was far from a simple and easy task, the record also discloses that there clearly was substantial evidence to support the findings of the trial examiner and the decision and order of the Board.

This court does not sit to retry disputed issues of fact or to redetermine issues of credibility of witnesses. Our sole question in such a proceeding as this is to determine whether or not there was substantial evidence on the record taken as a whole to uphold the findings of fact and the order of the National Labor Relations Board. Universal Camera Corp. v. N. L. R. B., 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1951).

Enforcement of the Board’s order is granted.

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PER CURIAM.

The National Labor Relations Board seeks enforcement of its order directing respondent to cease and desist from violation of sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act.

The Board had found that respondent’s supervisory personnel had engaged in coercive interrogation of employees concerning union activities and had made promises of benefits to employees and had discharged certain employees for union activities. While the record in this case indicates that much of the evidence was in direct conflict and that the resolution of issues of credibility was far from a simple and easy task, the record also discloses that there clearly was substantial evidence to support the findings of the trial examiner and the decision and order of the Board.

This court does not sit to retry disputed issues of fact or to redetermine issues of credibility of witnesses. Our sole question in such a proceeding as this is to determine whether or not there was substantial evidence on the record taken as a whole to uphold the findings of fact and the order of the National Labor Relations Board. Universal Camera Corp. v. N. L. R. B., 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1951).

Enforcement of the Board’s order is granted.

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Bluebook (online)

472 F.2d 1228, 82 L.R.R.M. (BNA) 2415, 1972 U.S. App. LEXIS 6108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-s-e-nichols-of-ohio-inc-ca6-1972.

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