The National Labor Relations Board petitioned to enforce an order directing School-Timer Frock to cease unfair labor practices and reinstate an employee, Junelle Griffin, with back pay. The Board found Griffin was discriminatorily discharged for union membership. The appeals court found the Board's factual findings were supported by substantial evidence in the record as a whole. The court ordered enforcement of the Board's order, noting it is not the role of the court to weigh evidence or assess witness credibility in NLRB cases.
The National Labor Relations Board petitioned to enforce an order directing School-Timer Frock to cease unfair labor practices and reinstate an employee, Junelle Griffin, with back pay. The Board found Griffin was discriminatorily discharged for union membership. The appeals court found the Board's factual findings were supported by substantial evidence in the record as a whole. The court ordered enforcement of the Board's order, noting it is not the role of the court to weigh evidence or assess witness credibility in NLRB cases.
The National Labor Relations Board petitioned to enforce an order directing School-Timer Frock to cease unfair labor practices and reinstate an employee, Junelle Griffin, with back pay. The Board found Griffin was discriminatorily discharged for union membership. The appeals court found the Board's factual findings were supported by substantial evidence in the record as a whole. The court ordered enforcement of the Board's order, noting it is not the role of the court to weigh evidence or assess witness credibility in NLRB cases.
v. SCHOOL-TIMER FROCKS, Inc., Respondent. No. 6981.
United States Court of Appeals, Fourth Circuit.
Argued June 14, 1955. Decided July 14, 1955.
Alice Andrews, Atty., N. L. R. B., Washington, D. C., (Theophil C.
Kammholz, General Counsel, Chicago, Ill., David P. Findling, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Frederick U. Reel, Atty., N. L. R. B., Washington, D. C., on brief), for petitioner. Henry T. Gaud, Charleston, S. C., for respondent. Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges. PER CURIAM.
This is a petition to enforce an order of the National Labor Relations Board
which directed respondent to cease and desist from certain unfair labor practices and to restore with back pay one Junelle Griffin, an employee whom it found to have been discriminatorily discharged on account of union membership and activities. The facts are fully stated in the report of the Trial Examiner and the decision of the Board and need not be repeated here. The issues involved are pure questions of fact and the findings of the Board with regard thereto cannot be said to be without substantial support in the record considered as a whole. The order of the Board will accordingly be enforced, as it is elementary that it is not the province of this court, in Labor Board cases, to weigh the evidence or to pass upon the credibility of the witnesses.
National Labor Relations Board v. W. S. Hallam, R. J. Boggs, R. W. Hallam and Earl Fuller, Copartners, D/B/A Hallam & Boggs Truck and Implement Company, 198 F.2d 751, 10th Cir. (1952)
4 Soc - Sec.rep - Ser. 272, Unempl - Ins.rep. CCH 15,249 Pelham D. Chastang, Jr. v. Margaret M. Heckler, Secretary of Health & Human Services, 729 F.2d 701, 11th Cir. (1983)
Clyde F. Waers, As Regional Director of The 27th Region, National Labor Relations Board v. Sprecher Drilling Corporation, A Corporation, 329 F.2d 646, 10th Cir. (1964)
Josue N. Saez v. Eugene G. Goslee, As Acting General Counsel And/or Peter G. Nash, General Counsel of The National Labor Relations Board, 463 F.2d 214, 1st Cir. (1972)
National Labor Relations Board v. International Association of Bridge, Structural and Ornamental Iron Workers, Local No. 494, Afl-Cio, 295 F.2d 808, 10th Cir. (1961)