Opinion · Court of Appeals for the Sixth Circuit

National Labor Relations Board v. S. E. Nichols of Ohio, Inc.

472 F.2d 1228

Type
Opinion
Court
Court of Appeals for the Sixth Circuit
Jurisdiction
Federal
Date
1972-12-27
Topic
general

PER CURIAM. The National Labor Relations Board seeks enforcement of its order directing respondent to cease and desist from violation of sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act. The Board had found that respondent’s supervisory personnel had engaged in coercive interrogation of employees concerning union activities and had made promises of benefits to employees and had discharged certain employees for union activities. While the record in this case indicates that much of the evidence was in direct conflict and that the resolution of issues of credibility was far from a simple and easy task, the record also discloses that there clearly was substantial evidence to support the findings of the trial examiner and the decision and order of the Board. This court does not sit to retry disputed issues of fact or to redetermine issues of credibility of witnesses.

Citator

UpLaw has not yet analyzed National Labor Relations Board v. S. E. Nichols of Ohio, Inc.. The absence of a flag is not a finding that it is good law.

Cited by
12 opinions
NATIONAL LABOR REL. BD. v. NICHOLS OF OHIO,472 F.2d 1228(6th Cir. 1972)
NATIONAL LABOR RELATIONS BOARD, PETITIONER, v. S.E. NICHOLS OF OHIO, INC.,
RESPONDENT.
No. 72-1493.
United States Court of Appeals, Sixth Circuit.
December 27, 1972.
Page 1229
Marcel Mallet-Prevost, Asst. Gen. Counsel, Washington, D.C., Philip Fusco, Director, Cleveland, Ohio, Roger Hartley, Washington, D.C., for petitioner.

James L. Burke, Elmira, N. Y., for respondent.
Before EDWARDS, CELEBREZZE and MILLER, Circuit Judges.
PER CURIAM.
[1] The National Labor Relations Board seeks enforcement of its order directing respondent to cease and desist from violation of sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act.

[2] The Board had found that respondent's supervisory personnel had engaged in coercive interrogation of employees concerning union activities and had made promises of benefits to employees and had discharged certain employees for union activities. While the record in this case indicates that much of the evidence was in direct conflict and that the resolution of issues of credibility was far from a simple and easy task, the record also discloses that there clearly was substantial evidence to support the findings of the trial examiner and the decision and order of the Board.

[3] This court does not sit to retry disputed issues of fact or to redetermine issues of credibility of witnesses. Our sole question in such a proceeding as this is to determine whether or not there was substantial evidence on the record taken as a whole to uphold the findings of fact and the order of the National Labor Relations Board. Universal Camera Corp. v. N.L.R.B.,340 U.S. 474,71 S.Ct. 456,95 L.Ed. 456(1951).

[4] Enforcement of the Board's order is granted.Page 1380