188 F.2d 362 (3rd Cir. 1951), 10317, Standard Dry Wall Products, Inc. v. National Labor Relations Board.
| Docket Nº | 10317. |
| Citation | 188 F.2d 362 |
| Party Name | STANDARD DRY WALL PRODUCTS, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. |
| Case Date | April 25, 1951 |
| Court | United States Courts of Appeals, United States Court of Appeals (3rd Circuit) |
Page 362
Argued April 3, 1951.
On petition for review of an order of the National Labor Relations Board.
Thomas E. Whiteen, Pittsburgh, Pa., for petitioner.
Robert G. Johnson, Washington, D.C. (George J. Bott, General Counsel, David P. Findling, Associate General Counsel, A. Norman Somers, Assistant General Counsel, Marcel Mallet-Prevost and Ruth V. Russell, all of Washington, D.C., on the brief), Attorneys, National Labor Relations Board.
Before BIGGS, Chief Judge, and MARRIS and GOODRICH, Circuit Judges.
PER CURIAM.
The petitioner, Standard Dry Wall Products, Inc., insists that there is not sufficient evidence on 'the whole record' as that phrase is used in the Administrative Procedure Act, 60 Stat. 237, as amended, 5 U.S.C.A. § 1001 et seq. and the National Labor Relations Act, as amended,
Page 363
61 Stat. 136, 29 U.S.C.A. § 151 et seq., in the light of the decisions of the Supreme Court in Universal Camera Corporation v. National Labor Relations Board, 71 S.Ct. 456, and National Labor Relations Board v. Pittsburgh Steamship Company, 71 S.Ct. 453, to support the Board's findings that the petitioner violated Section 8(a)(1) and (3) of the National Labor...
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Novelis Corporation,
...preponderance of all the relevant evidence convinces us that they are incorrect. Standard Dry Wall Products, 91 NLRB 544 (1950), enfd. 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing the findings. In addition, some of the Respondent’s excep......
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HealthBridge Management, Care Realty (a/k/a CareOne), et al.,
...preponderance of all the relevant evidence convinces us that they are incorrect. Standard Dry Wall Products, 91 NLRB 544 (1950), enfd. 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing the findings. 3 In the remedy section of his decision, th......
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393 F.2d 257 (8th Cir. 1968), 18822, Taylor v. Gardner
...to do so is not specifically granted by statute or regulation. Murray v. United States, 107 F.Supp. 290 (E.D.Mich.1950), aff'd per curiam, 188 F.2d 362 (6th Cir.), cert, denied, 342 U.S. 816, 72 S.Ct. 30, 96 L.Ed. 617 (1951). In Murray, the question was whether the guardian of an incompeten......
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795 F.Supp. 577 (E.D.N.Y. 1992), 91 CV 2441, Roth v. American Property Rights Ass'n Fuel Oil Buyers Group, Inc.
...Tours, et al., 1989 WL 224485, 1989 NLRB LEXIS 687; 133 L.R.R.M. 1213 (1989) citing Standard Dry Wall Products, 91 NLRB 544 (1950), infd., 188 F.2d 362 (3rd Cir.1951). And when the Board's findings are based on the ALJ's assessment of the credibility of the witnesses, they will not be "......
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Novelis Corporation,
...preponderance of all the relevant evidence convinces us that they are incorrect. Standard Dry Wall Products, 91 NLRB 544 (1950), enfd. 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing the findings. In addition, some of the Respondent’s excep......
-
HealthBridge Management, Care Realty (a/k/a CareOne), et al.,
...preponderance of all the relevant evidence convinces us that they are incorrect. Standard Dry Wall Products, 91 NLRB 544 (1950), enfd. 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing the findings. 3 In the remedy section of his decision, th......
-
393 F.2d 257 (8th Cir. 1968), 18822, Taylor v. Gardner
...to do so is not specifically granted by statute or regulation. Murray v. United States, 107 F.Supp. 290 (E.D.Mich.1950), aff'd per curiam, 188 F.2d 362 (6th Cir.), cert, denied, 342 U.S. 816, 72 S.Ct. 30, 96 L.Ed. 617 (1951). In Murray, the question was whether the guardian of an incompeten......
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795 F.Supp. 577 (E.D.N.Y. 1992), 91 CV 2441, Roth v. American Property Rights Ass'n Fuel Oil Buyers Group, Inc.
...Tours, et al., 1989 WL 224485, 1989 NLRB LEXIS 687; 133 L.R.R.M. 1213 (1989) citing Standard Dry Wall Products, 91 NLRB 544 (1950), infd., 188 F.2d 362 (3rd Cir.1951). And when the Board's findings are based on the ALJ's assessment of the credibility of the witnesses, they will not be "......
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Labor and Employment Mid-Year Update for 2020
...preponderance of all the relevant evidenc e convinces us that they are incorrect . Standard Dry Wall Products, 91 NLRB 544 (1950), enfd. 188 F.2d 362 (3d Cir. 195 1). We have carefully examined the record and find no basis fo r reversing the findings. The judge found, and we agree, that the......
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Representation-Case Procedures
...76 FR 811059. The standard referred to, as in the unfair labor counterpart case of Standard Dry Wall Products, 91 NLRB 544 (1950), enfd. 188 F.2d 362 (3d Cir. 1951), is limited to contested credibility findings. Otherwise, the de novo review standard applies. Id. at My colleagues assert tha......