188 F.2d 362 (3rd Cir. 1951), 10317, Standard Dry Wall Products, Inc. v. National Labor Relations Board.

Docket Nº10317.
Citation188 F.2d 362
Party NameSTANDARD DRY WALL PRODUCTS, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.
Case DateApril 25, 1951
CourtUnited States Courts of Appeals, United States Court of Appeals (3rd Circuit)

Page 362

188 F.2d 362 (3rd Cir. 1951)

STANDARD DRY WALL PRODUCTS, Inc., Petitioner,

v.

NATIONAL LABOR RELATIONS BOARD, Respondent.

No. 10317.

United States Court of Appeals, Third Circuit.

April 25, 1951

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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11394 practice notes
  • Novelis Corporation,
    • United States
    • Invalid date
    ...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.,
    • United States
    • Invalid date
    ...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
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (8th Circuit)
    • March 26, 1968
    ...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......
  • 795 F.Supp. 577 (E.D.N.Y. 1992), 91 CV 2441, Roth v. American Property Rights Ass'n Fuel Oil Buyers Group, Inc.
    • United States
    • Federal Cases United States District Courts 2nd Circuit United States District Court (Eastern District of New York)
    • May 27, 1992
    ...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 "......
  • Request a trial to view additional results
11392 cases
  • Novelis Corporation,
    • United States
    • Invalid date
    ...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.,
    • United States
    • Invalid date
    ...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
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (8th Circuit)
    • March 26, 1968
    ...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......
  • 795 F.Supp. 577 (E.D.N.Y. 1992), 91 CV 2441, Roth v. American Property Rights Ass'n Fuel Oil Buyers Group, Inc.
    • United States
    • Federal Cases United States District Courts 2nd Circuit United States District Court (Eastern District of New York)
    • May 27, 1992
    ...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 "......
  • Request a trial to view additional results
1 firm's commentaries
  • Labor and Employment Mid-Year Update for 2020
    • United States
    • JD Supra United States
    • June 30, 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......
1 provisions
  • Representation-Case Procedures
    • United States
    • Federal Register April 30, 2012
    • April 30, 2012
    ...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......

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