National Labor Relations Board v. Regal Knitwear Co., 181.
| Decision Date | 15 February 1944 |
| Docket Number | No. 181.,181. |
| Citation | 140 F.2d 746 |
| Parties | NATIONAL LABOR RELATIONS BOARD v. REGAL KNITWEAR CO. |
| Court | U.S. Court of Appeals — Second Circuit |
Millard Cass, of Washington, D. C., and Alvin J. Rockwell, and Robert B. Watts, Gen. Counsel, Howard Lichtenstein, Asst. Gen. Counsel, and Owsley Vose, and Edward E. Turkel, Attys., National Labor Relations Board, all of Washington, D. C., for the Board.
Edward J. Grenier and Conrad and Smith, all of New York City (Jacob I. Smith, of New York City, of counsel), for respondent.
Before L. HAND, AUGUSTUS N. HAND, and FRANK, Circuit Judges.
The most important issue in this case is whether there was substantial evidence in support of the Board's finding that Jean Strackman was discharged because of her activity in unionizing the respondent's plant; and that in turn depends upon whether her testimony was so confused and contradictory that the Board was not justified in relying upon it. We assume for argument that testimony may be, upon the mere reading, so unconvincing as not to support a finding, but Strackman's testimony was very far from that; we find in it no more confusion as to details than is not uncommon in the stories of entirely honest and reliable witnesses. Whether we should have accepted her version of her interview with Israel or his, if we had heard both, is not to the point; her testimony would certainly have supported a verdict, and what will support a verdict will support a finding.
It is another question whether she was entitled to reinstatement as soon as it appeared that immediately after her discharge she got a job in "a defense plant." When the respondent's attorney started to cross-examine her about the wages she had been getting in that plant, the examiner intervened and declared that "in so far as reinstatement of employees is concerned, the fact that substantially equivalent employment has been obtained will be assumed." That ended all inquiry as to the equivalence of the new job with the old. The fact that an employee when re-employed gets as high wages as before, need perform no more arduous work, and enjoys equivalent priorities, does not determine the appropriateness of an offer of reinstatement as a remedy. Phelps Dodge Corporation v. National Labor Relations Board, 313 U.S. 177, 61 S.Ct. 845, 85 L.Ed. 1271, 133 A.L.R. 1217. On the other hand, the court in that case declared that the Board must give its reasons for the exercise of its discretion in adopting...
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Regal Knitwear Co v. National Labor Relations Board
...49 N.L.R.B. 560, and thereafter obtained from the Circuit Court of Appeals for the Second Circuit an order for its enforcement. 140 F.2d 746. We granted certiorari, limited to a single question on which there was a conflict in practice between different circuits. 323 U.S. 692, 65 S.Ct. 35. ......
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...before the Board, its member, agent, or agency, and to be made a part of the transcript. * * *' 12 Compare National Labor Relations Board v. Regal Knitwear Co., 2 Cir., 140 F.2d 746, affirmed on another ground, Regal Knitwear Co. v. Labor Board, 323 U.S. 692, 65 S.Ct. 35; Crichton v. United......
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