Steves Sash & Door, Inc., Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

430 F.2d 1364, 75 L.R.R.M. (BNA) 2288, 1970 U.S. App. LEXIS 7493

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 1, 1970
• Docket: 28370_1
• Status: Published

Opinions

PER CURIAM:

This is just another ease of this Court’s being asked to review an NLRB decision that a company violated Section 8(a) (3) and (1) of the National Labor Relations Act by discharging an employee because of her alleged union activities. As usual, there is evidence that the employee was discharged for good cause unrelated to her union activities; there is also evidence that the respondent fired the employee because she was an activist for the union. Whatever result this Court might have reached, had it been the Board, we must say that substantial evidence supports the Board’s decision.

We hold also that the Board properly declined to defer to the arbitration procedures provided in the collective bargaining agreement. NLRB v. Walt Disney Productions, 9 Cir. 1945, 146 F.2d 44, 48, cert. denied, 324 U.S. 877, 65 S.Ct. 1025, 89 L.Ed. 1429. See also, NLRB v. Acme Industrial Co., 1967, 385 U.S. 432, 436-437, 87 S.Ct. 565, 17 L.Ed. 2d 495; NLRB v. Bell Aircraft Corp., 2 Cir., 1953, 206 F.2d 235, 236; NLRB v. Wagner Iron Works, 7 Cir. 1955, 220 F.2d 126, 136-137, cert. denied, 350 U.S. 981, 76 S.Ct. 466, 100 L.Ed. 850; Illinois Ruan Transport Corp. v. NLRB, 8 Cir. 1968, 404 F.2d 274, 280.

The petition for review is denied; the Board's order is enforced in full.