National Labor Relations Board v. Virginia Metalcrafters, Incorporated

Fourth Circuit

National Labor Relations Board v. Virginia Metalcrafters, Incorporated

387 F.2d 379, 67 L.R.R.M. (BNA) 2139, 1967 U.S. App. LEXIS 4269

CourtCourt of Appeals for the Fourth Circuit

DecidedDecember 6, 1967

Docket11270_1

StatusPublished

This text of 387 F.2d 379 (National Labor Relations Board v. Virginia Metalcrafters, Incorporated) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Virginia Metalcrafters, Incorporated, 387 F.2d 379, 67 L.R.R.M. (BNA) 2139, 1967 U.S. App. LEXIS 4269 (4th Cir. 1967).

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Opinion

PER CURIAM:

This case is before us upon the petition of the National Labor Relations Board for enforcement of its order against Virginia Metalcrafters, Inc. The order arises out of a complaint filed by Garland McVey charging that he had been discharged because of his union activities, in violation of § 8(a) (3) and d).

The employer insists that the evidence belies the Board’s finding, essential to an 8(a) (3) violation, that the Company knew of McVey’s union activity. It presented no countervailing evidence at the hearing.

The testimony indicates that McVey, an employee with an excellent record extending over eight years, was abruptly discharged only a few hours after he had engaged in a heated discussion with an ex-foreman over the benefits of unionization. The Company was aware of the union activity in the plant and had vigorously opposed it. McVey received no warning and while the reason offered was his “bad attitude,” Company officials were evasive and contradictory when pressed for a more acceptable explanation.

We are convinced that the undisputed facts constitute a sufficient basis for the Board’s finding. Its order will be

Enforced.

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PER CURIAM:

This case is before us upon the petition of the National Labor Relations Board for enforcement of its order against Virginia Metalcrafters, Inc. The order arises out of a complaint filed by Garland McVey charging that he had been discharged because of his union activities, in violation of § 8(a) (3) and d).

The employer insists that the evidence belies the Board’s finding, essential to an 8(a) (3) violation, that the Company knew of McVey’s union activity. It presented no countervailing evidence at the hearing.

The testimony indicates that McVey, an employee with an excellent record extending over eight years, was abruptly discharged only a few hours after he had engaged in a heated discussion with an ex-foreman over the benefits of unionization. The Company was aware of the union activity in the plant and had vigorously opposed it. McVey received no warning and while the reason offered was his “bad attitude,” Company officials were evasive and contradictory when pressed for a more acceptable explanation.

We are convinced that the undisputed facts constitute a sufficient basis for the Board’s finding. Its order will be

Enforced.

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Bluebook (online)

387 F.2d 379, 67 L.R.R.M. (BNA) 2139, 1967 U.S. App. LEXIS 4269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-virginia-metalcrafters-incorporated-ca4-1967.