Onan v. National Labor Relations Board
| Decision Date | 06 January 1944 |
| Docket Number | No. 12642.,12642. |
| Citation | 139 F.2d 728 |
| Parties | ONAN et al. v. NATIONAL LABOR RELATIONS BOARD. |
| Court | U.S. Court of Appeals — Eighth Circuit |
R. H. Fryberger, of Minneapolis, Minn., for petitioners.
William J. Isaacson, Senior Attorney, National Labor Relations Board, of Washington, D. C. (Robert B. Watts, General Counsel, Howard Lichtenstein, Asst. General Counsel, and Eleanor Schwartzbach, Attorney, National Labor Relations Board, all of Washington, D. C., on the brief), for respondent.
Before SANBORN, WOODROUGH, and RIDDICK, Circuit Judges.
In this proceeding the petitioners seek a review of an order of the National Labor Relations Board, and the Board asks for enforcement of its order.
The petitioners are the members of a limited partnership, organized under the laws of Minnesota and engaged in the manufacture and sale, and the distribution of electrical power plants and equipment in interstate commerce. Because of the expansion of its business in order to fill Government orders for its product, the number of employees of the partnership increased from less than 150 in December 1940 to over 1,900 at the time of the hearing before the Board. In proceedings initiated by the Local 1139, Electrical, Radio, and Machine Workers of America, C. I. O., the Board found that petitioners had engaged in certain unfair labor practices and had discharged two employees, Gavenda and Lorenz, because of their efforts to organize a labor union among the partnership's employees. The order of the Board, in customary form, required the petitioners to cease and desist from the prohibited labor practices of which the Board found them guilty, to offer reinstatement to and make whole employees Gavenda and Lorenz, to post notices, and to notify the Board's regional director of compliance with the order. The petitioners contend that the findings of the Board on which its order is based are not supported by evidence. We cannot agree.
We have carefully considered the evidence in the record in the light of petitioners' criticisms of it. We think it correct to say, as petitioners contend, that the Board might well have drawn inferences from the evidence favorable to petitioners. But we cannot say that the evidence before the Board gives no substantial support to the inferences which the Board has drawn. "The possibility of drawing either of two inconsistent inferences from the evidence did not prevent the Board from drawing one of them." National Labor Relations Board v. Nevada Consol. Copper Corporation, 316 U.S. 105, 106, 62 S.Ct. 960, 961, 86 L.Ed. 1305; National Labor Relations Board v. Harbison-Walker Refractories Co., 8 Cir., 135 F.2d 837, 839; National Labor Relations Board v. Central Steel Tube Company, 8 Cir., 139 F.2d 489, decided this term. The fact that instances in the conduct of the petitioners, their superintendent and supervising employees, if taken separately and considered in isolation, are insufficient to support a finding of interference with the employees' rights, guaranteed by the National Labor Relations Act, 29 U.S.C.A. § 151 et seq., affords no support for petitioners' contention that the Board's findings were not supported by substantial evidence. The Board was within its rights in viewing the picture before it as a whole, and in reaching its conclusion upon a consideration of a number of related incidents. Canyon Corporation v. National Labor...
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