NATIONAL LABOR RELATIONS BOARD v. Transway, Inc., 26059.
Decision Date | 19 May 1969 |
Docket Number | No. 26059.,26059. |
Citation | 410 F.2d 368 |
Parties | NATIONAL LABOR RELATIONS BOARD, Petitioner, v. TRANSWAY, INC., Respondent. |
Court | U.S. Court of Appeals — Fifth Circuit |
Marcel Mallet-Prevost, Asst. Gen. Counsel, Joseph A. Yablonski, Atty., N. L. R. B., Washington D. C., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Leonard M. Wagman, Attys., N. L. R. B., for petitioner.
Andrew P. Carter, Chas. King Mallory, Monroe & Lemann, Eugene G. Taggart, New Orleans, La., for respondent.
Before THORNBERRY and DYER, Circuit Judges, and FISHER, District Judge.
The National Labor Relations Board found that Transway, Inc. had violated Section 8(a) (1) of the Act by coercively interrogating employees covering their union activities, threatening to close its business in the event the vote was favorable to the union representative, and soliciting employees to inform the company as to the union activities and sympathies of other employees.
The Board also found in agreement with the Trial Examiner that the Company discharged employees Theodore Switzer and Louis Bryant because of their union activities and thereby violated Section 8(a) (3) and (1). The Board's Order1 directs the Company to cease and desist from committing the unfair labor practices found, or in any like or related manner interfering with, restraining or coercing its employees in the exercise of their right to self-organization. Affirmatively, the order requires the Company to offer reinstatement to employees Switzer and Bryant, to make them whole for wages lost as a result of the discrimination against them, and to post the usual notices.
The Company opposes the Board's Order on the basis that the credibility determinations made by the Trial Examiner and accepted by the Board should be rejected. The general rule is that determinations of questions of credibility are for the Board, NLRB v. Gibbs Corp., 297 F.2d 649 (5th Cir. 1962); NLRB v. Nabors, 196 F.2d 272 (5th Cir. 1952); however, credibility determinations made by the Board are subject to judicial review and may be rejected where contrary to "sound reason." NLRB v. Florida Citrus Canners Cooperative, 311 F.2d 541 (5th Cir. 1963); NLRB v. Elias Brothers Big Boy, Inc., 327 F.2d 421 (6th Cir. 1964); NLRB v. Audio Industries, 313 F.2d 858 (7th Cir. 1963). Generally the Company argues that the Board's credibility determinations are prejudicial because the testimony of employees Bryant, Switzer and Strother was credited whereas the management's testimony was discredited. Although it does...
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