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

CourtUnited States Courts of Appeals. United States Court of Appeals (3rd Circuit)
Citation188 F.2d 362
Date25 April 1951
PartiesSTANDARD DRY WALL PRODUCTS, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.
Docket Number10317.

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 Relations Act, as amended 61 Stat. 140, 29 U.S.C.A. 158(a)(1) and (3). We conclude that the evidence supporting the Board's decision is substantial when viewed in the light furnished by the record in its entirety, including the body of evidence opposed to the Board's view. We are also of the opinion that the decision of the Board is reasonable and fair.

We will enforce the Board's order. A decree may be submitted.

To continue reading

Request your trial
3723 practice notes
  • 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......
  • FES (A Division of Thermo Power), (2000)
    • United States
    • May 11, 2000
    ...preponder-ance 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. The Respondent correctly asserts that the ......
  • Nova Southeastern University, (2011)
    • United States
    • August 26, 2011
    ...preponderance of all the relevant evidence convinces us that they are incorrect. Stand-ard 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. We shall modify the judge’s recommended Or......
  • MASSEY ENERGY COMPANY AND ITS SUBSIDIARY, SPARTAN MINING COMPANY D/B/A MAMMOTH COAL COMPANY, (2012)
    • United States
    • September 28, 2012
    ...preponde r-ance of all the relevant evidence convinces us that they are incorrect. Standard Dry Wall Products, 91 NLRB 5 44 (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 Mammoth’s exception......
  • Request a trial to view additional results
3721 cases
  • FES (A Division of Thermo Power), (2000)
    • United States
    • May 11, 2000
    ...preponder-ance 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. The Respondent correctly asserts that the ......
  • Nova Southeastern University, (2011)
    • United States
    • August 26, 2011
    ...preponderance of all the relevant evidence convinces us that they are incorrect. Stand-ard 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. We shall modify the judge’s recommended Or......
  • MASSEY ENERGY COMPANY AND ITS SUBSIDIARY, SPARTAN MINING COMPANY D/B/A MAMMOTH COAL COMPANY, (2012)
    • United States
    • September 28, 2012
    ...preponde r-ance of all the relevant evidence convinces us that they are incorrect. Standard Dry Wall Products, 91 NLRB 5 44 (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 Mammoth’s exception......
  • Double D Construction Group, (2003)
    • United States
    • June 17, 2003
    .... . [W]e do not deem our-selves bound by the Trial Examiner’s findings.” Stan-dard Dry Wall Products, Inc,. 91 NLRB 544, 545 (1950), enfd. 188 F.2d 362 (3d Cir. 1951). Since a de novo re-view of the record in this case fully supports the judge’s finding that the General Counsel failed to sa......
  • 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......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT