Sheffer Corporation v. NLRB, 17263.
Decision Date | 26 July 1967 |
Docket Number | No. 17263.,17263. |
Citation | 380 F.2d 1007 |
Parties | SHEFFER CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. |
Court | U.S. Court of Appeals — Sixth Circuit |
William H. Anderson, Cincinnati, Ohio (Graydon, Head & Ritchey, Cincinnati, Ohio, on the brief), for petitioner.
William J. Avrutis, Atty., N. L. R. B., Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Assistant Gen. Counsel, Herman M. Levy, Atty., N. L. R. B., Washington, D. C., on the brief), for respondent.
Before EDWARDS, CELEBREZZE and PECK, Circuit Judges.
This case involves a petition to review and a cross-petition to enforce an Order of the National Labor Relations Board requiring Petitioner to cease and desist from 8(a) (1) violations and to rehire four named employees with back pay.
On receiving notice of Union organization from the Union1 Petitioner discontinued its entire night shift of 27 employees where Union organization had gained strength. Subsequently, nine were rehired for day shift (others were rehired later). The four not rehired had all been named in the Union letter and had more seniority than some others retained or rehired.
Petitioner contends that the night shift was uneconomic and that the Trial Examiner was prejudiced. The Trial Examiner once referred to the Company as having failed to bear the burden of proof on its economy defense. The National Labor Relations Board carefully dealt with this issue, stating:
It is well settled that the weighing of the evidence is a function of the Board, National Labor Relations Board v. Precision Castings Co., 130 F.2d 639 (C.A. 6).
This Court in reviewing the decision of the Board "is not empowered to weigh one bit of evidence against another with a view of determining which it will accept as true or to substitute its judgment for that of the Board in determining what ultimate facts are established by the circumstances in evidence." Eastern Coal Corp. v. National Labor Relations Board, 176 F.2d 131,...
To continue reading
Request your trial-
Sterling Aluminum Company v. NLRB
...F.2d 484 (2d Cir. 1952); National Labor Relations Board v. Sifers, 171 F.2d 63 (10th Cir. 1948). The Board cites, Sheffer Corp. v. N. L. R. B., 380 F.2d 1007 (6th Cir. 1967); N. L. R. B. v. Tidelands Marine Service, Inc., 338 F.2d 44 (5th Cir. 1964); Wonder State Manufacturing Company v. N.......
-
NLRB v. Louisville Chair Company, 17803.
...enough substantial evidence is presented to justify the issuance of the Board's order as to these matters. Cf. Sheffer Corporation v. N. L. R. B., 380 F.2d 1007 (6th Cir. 1967). Also Respondent's contention that Sweet's reinstatement by Huttig renders moot the back pay order as to him is no......
-
American Fire Apparatus Company v. NLRB
... ... See N.L.R.B. v. Plastilite Corporation, 8th Cir., Mar. 30, 1967, 375 F.2d 343 ... We turn finally to a matter not raised ... ...