NATIONAL LABOR RELATIONS BOARD v. Transway, Inc., 26059.

Decision Date19 May 1969
Docket NumberNo. 26059.,26059.
Citation410 F.2d 368
PartiesNATIONAL LABOR RELATIONS BOARD, Petitioner, v. TRANSWAY, INC., Respondent.
CourtU.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.

PER CURIAM:

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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3 cases
  • NLRB v. Li'l General Stores, Inc.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • May 11, 1970
    ...as a whole, Universal Camera Corporation v. N. L. R. B., 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1951); N. L. R. B. v. Transway, Inc., 5 Cir., 1969, 410 F.2d 368. There are other issues in the case, which will be discussed at a later I The fact are as follows. Li'l General Stores is a ret......
  • Custom Recovery, Div. of Keystone Resources, Inc. v. N.L.R.B., 77-2490
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • July 2, 1979
    ...Although this court generally gives great deference to the credibility resolutions of the finder of fact, See NLRB v. Transway, Inc., 410 F.2d 368, 370 (5th Cir. 1969), when the theory of credibility is faulty, then the credibility resolution itself must fall. NLRB v. Florida Citrus Canners......
  • N.L.R.B. v. Imperial Bedding Co.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • September 22, 1975
    ...accepted unless it is contrary to sound reason. Bob's Casing Crews, Inc. v. NLRB, 5 Cir., 1972, 458 F.2d 1301, 1303; NLRB v. Transway, Inc., 5 Cir., 1969, 410 F.2d 368, 369. Looking at the record as a whole we conclude that there is substantial evidence to support the Board's Employer also ......

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