National Labor Relations Board v. Taft Broadcasting Company

Sixth Circuit

National Labor Relations Board v. Taft Broadcasting Company

652 F.2d 603, 108 L.R.R.M. (BNA) 2424, 1980 U.S. App. LEXIS 12432

CourtCourt of Appeals for the Sixth Circuit

DecidedNovember 10, 1980

Docket79-1140

StatusPublished

This text of 652 F.2d 603 (National Labor Relations Board v. Taft Broadcasting Company) 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.

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National Labor Relations Board v. Taft Broadcasting Company, 652 F.2d 603, 108 L.R.R.M. (BNA) 2424, 1980 U.S. App. LEXIS 12432 (6th Cir. 1980).

Pincite

Opinion

ORDER

This is an appeal for enforcement and a cross-petition to deny enforcement of an NLRB order, reported at 238 N.L.R.B. No. 80 (September 28,1978), directing reinstatement and relief for June Johnson and Hanna Gutmann, discharged employees of the Taft Broadcasting Company in Columbus, Ohio.

Upon a review of the record as a whole, the court concludes that substantial evidence supports the Board’s decision with respect to Johnson, but agrees with the Administrative Law Judge that there is no substantial evidence to support the claim that Gutmann was discharged because of her union activities. On the contrary, it appears that the reasons for Gutmann’s discharge were related solely to her job performance. The Board’s decision that these reasons were pretextual is without support in the record when viewed as a whole. Accordingly,

IT IS ORDERED that the order of the Board is enforced as to Johnson, but enforcement as to Gutmann is denied. No costs, neither party having prevailed in full.

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ORDER

This is an appeal for enforcement and a cross-petition to deny enforcement of an NLRB order, reported at 238 N.L.R.B. No. 80 (September 28,1978), directing reinstatement and relief for June Johnson and Hanna Gutmann, discharged employees of the Taft Broadcasting Company in Columbus, Ohio.

Upon a review of the record as a whole, the court concludes that substantial evidence supports the Board’s decision with respect to Johnson, but agrees with the Administrative Law Judge that there is no substantial evidence to support the claim that Gutmann was discharged because of her union activities. On the contrary, it appears that the reasons for Gutmann’s discharge were related solely to her job performance. The Board’s decision that these reasons were pretextual is without support in the record when viewed as a whole. Accordingly,

IT IS ORDERED that the order of the Board is enforced as to Johnson, but enforcement as to Gutmann is denied. No costs, neither party having prevailed in full.

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Bluebook (online)

652 F.2d 603, 108 L.R.R.M. (BNA) 2424, 1980 U.S. App. LEXIS 12432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-taft-broadcasting-company-ca6-1980.