NATIONAL LABOR RELATIONS BOARD v. THOMASON PLYWOOD CORPORATION, 6943.
| Decision Date | 09 May 1955 |
| Docket Number | No. 6943.,6943. |
| Citation | 222 F.2d 364 |
| Parties | NATIONAL LABOR RELATIONS BOARD, Petitioner, v. THOMASON PLYWOOD CORPORATION, Respondent. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Nancy M. Sherman, Attorney, National Labor Relations Board, Washington, D. C. (David P. Findling, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Samuel M. Singer, Attorney, National Labor Relations Board, Washington, D. C., on brief), for petitioner.
Thornton H. Brooks, Greensboro, N. C. (Brooks, McLendon, Brim & Holderness, Greensboro, N. C., on brief), for respondent.
Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.
This is a petition to enforce an order of the National Labor Relations Board, which found the Thomason Plywood Corporation guilty of unfair labor practices and ordered it to cease and desist therefrom, to bargain with a union which had been chosen as bargaining representative by its employees in an election and had been certified as such by the Board, and to reimburse employees who had suffered loss of pay on account of discrimination because of union membership and activities. The corporation does not resist the portions of the order which require it to bargain with the union and to cease and desist from unfair labor practices other than those relating to discrimination. It contends, however, that the findings of the Board with respect to discriminatory treatment of employees and the portions of the order based thereon are without substantial support in the record. We think, however, that these findings are amply supported. On the eve of the election threats were made to the workers by employees of supervisory status that, if the union won, over-time work would be cut and privileges enjoyed by the employees would be curtailed. Immediately following the election this was done. Explanation is offered by the corporation, which, if accepted, reasonably explains the action taken. Evidence on the other side, however, justifies the holding that it was taken because of the anti-union fight being made by the corporation and the union membership and activities of the employees. The question was one of fact and the Board might properly consider circumstantial evidence as well as direct evidence in deciding it. The fact that the Trial Examiner may have reached a different conclusion on some of the questions involved, while a matter for our consideration along with other matters in the...
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Daniel Construction Company v. NLRB
...evidence in the record, the contrary conclusion of the trial examiner is entitled to no special weight. NLRB v. Thomason Plywood Corp., 222 F.2d 364, 365 (4 Cir. 1955). 7 Foreman Drum denied ever having made such a statement, but the examiner credited Medlock. In its brief here, Daniel disc......
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...Union, etc., Local 101, 8 Cir., 216 F.2d 161, 164; Hartsell Mills Co. v. N. L. R. B., 4 Cir., 111 F.2d 291, 293; N. L. R. B. v. Thomason Plywood Corp., 4 Cir., 222 F.2d 364. The evidence in this case was taken before a trial examiner who filed his report with the recommendation that the com......
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