RED ARROW FREIGHT LINES, PETITIONER, CROSS-RESPONDENT,
v.
NATIONAL LABOR RELATIONS BOARD, RESPONDENT, CROSS-PETITIONER

5th Cir. | 1970-02-19
No. 27834
Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.
423 F.2d 35 Court of Appeals for the Fifth Circuit (1970) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that substantial evidence on the record supports the National Labor Relations Board's finding that the employer violated the NLRA.


Facts & Procedural History

The National Labor Relations Board found that Red Arrow Freight Lines discriminatorily refused to hire Lyal L. Foster due to his union membership. The…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

We have concluded on the merits that oral argument is unnecessary in this case. Accordingly, we have directed the Clerk to place the case on the Summary Calendar and to notify the parties of this fact in writing. See Huth v. Southern Pacific Co., 5 Cir. 1969, 417 F. 2d 526; Murphy v. Houma Well Service, 5 Cir. 1969, 409 F. 2d 804; 5th Cir. R. 18.

The National Labor Relations Board found that Red Arrow Freight Lines violated section 8(a) (3) and (1) of the National Labor Relations Act, 29 U.S.C. § 158(a) (3) and (1), by discriminatorily refusing to hire Lyal L. Foster because of his actual or suspected membership in the Teamsters Union. 175 NLRB No. 160. The only question on review is whether substantial evidence on the record taken as a whole supports this conclusion. See NLRB v. Monroe Auto Equipment Co., 5 Cir. 1968, 392 F. 2d 559.

On many of the factual questions, reasonable men might have reached different conclusions, and there were several credibility determinations to be made by the Trial Examiner. But there is ample evidence to support the findings.

Therefore, we enforce the order of the Board.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw