Servomation, Inc. v. National Labor Relations Board

Ninth Circuit

Servomation, Inc. v. National Labor Relations Board

603 F.2d 762

CourtCourt of Appeals for the Ninth Circuit

DecidedSeptember 26, 1979

Docket78-2737

StatusPublished

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This text of 603 F.2d 762 (Servomation, Inc. v. National Labor Relations Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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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Servomation, Inc. v. National Labor Relations Board, 603 F.2d 762 (9th Cir. 1979).

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Opinion

PER CURIAM:

Pursuant to 29 U.S.C. § 160(f), Servomation, Inc. has petitioned for review of a Decision and Order of the National Labor Relations Board, issued on July 21, 1978, and reported at 237 N.L.R.B. No. 10. The respondent Board has cross-applied for enforcement of its Order.

A careful review of the entire record clearly leads us to the conclusion that the relevant findings of the Administrative Law Judge that were unanimously adopted by the Board are supported by substantial evidence. 1 Additionally, we reject petitioner’s argument that the Board’s Decision and Order did not meet the requirements of Section 8(c) of the Administrative Procedure Act, 5 U.S.C. § 557(c), 2 because the Board failed to state its reasons for overruling each of the exceptions to the decision of the Administrative Law Judge. As we see it, the Board satisfied the requirements of this Section in its review and adoption of the findings, conclusions, and rationale of the Administrative Law Judge. See Borek Motor Sales, Inc. v. N. L. R. B., 425 F.2d 677, 681-82 (7th Cir.), cert. denied, 400 U.S. 823, 91 S.Ct. 45, 27 L.Ed.2d 52 (1970).

Accordingly, the petition for review is denied, and the Board’s cross-petition for enforcement of its order is granted.

SO ORDERED.

1

. The Board concluded that one of the Administrative Law Judge’s findings, not here relevant, was without factual support in the record; thus, the Board did not adopt or rely upon it.

2

. That Section provides in relevant part:

The record shall show the ruling on each finding, conclusion, or exception presented. All decisions, including initial, recommended, and tentative decisions, are a part of the record and shall include a statement of—

(A) findings and conclusions, and the reasons or basis therefor, on all the material issues of fact, law, or discretion presented on the record.

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PER CURIAM:

Pursuant to 29 U.S.C. § 160(f), Servomation, Inc. has petitioned for review of a Decision and Order of the National Labor Relations Board, issued on July 21, 1978, and reported at 237 N.L.R.B. No. 10. The respondent Board has cross-applied for enforcement of its Order.

A careful review of the entire record clearly leads us to the conclusion that the relevant findings of the Administrative Law Judge that were unanimously adopted by the Board are supported by substantial evidence. 1 Additionally, we reject petitioner’s argument that the Board’s Decision and Order did not meet the requirements of Section 8(c) of the Administrative Procedure Act, 5 U.S.C. § 557(c), 2 because the Board failed to state its reasons for overruling each of the exceptions to the decision of the Administrative Law Judge. As we see it, the Board satisfied the requirements of this Section in its review and adoption of the findings, conclusions, and rationale of the Administrative Law Judge. See Borek Motor Sales, Inc. v. N. L. R. B., 425 F.2d 677, 681-82 (7th Cir.), cert. denied, 400 U.S. 823, 91 S.Ct. 45, 27 L.Ed.2d 52 (1970).

Accordingly, the petition for review is denied, and the Board’s cross-petition for enforcement of its order is granted.

SO ORDERED.

1

. The Board concluded that one of the Administrative Law Judge’s findings, not here relevant, was without factual support in the record; thus, the Board did not adopt or rely upon it.

2

. That Section provides in relevant part:

The record shall show the ruling on each finding, conclusion, or exception presented. All decisions, including initial, recommended, and tentative decisions, are a part of the record and shall include a statement of—

(A) findings and conclusions, and the reasons or basis therefor, on all the material issues of fact, law, or discretion presented on the record.

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603 F.2d 762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/servomation-inc-v-national-labor-relations-board-ca9-1979.

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