NATIONAL LABOR RELATIONS BOARD, PETITIONER,
v.
G & S METAL PRODUCTS COMPANY, INC., RESPONDENT
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The court denied enforcement of the Board's order for reinstatement of Rita Devaney, finding it unsupported by substantial evidence, but granted enforcement for other parts of the order.
The National Labor Relations Board sought enforcement of its order against a respondent. The Board disagreed with a Trial Examiner regarding the disch…
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This case is before the court on application of the National Labor Relations Board for enforcement of the order and decision of the Board reported at 182 N.L.R.B. No. 22. Reference is made to the decision of the Board for a recitation of pertinent facts.
The court finds that the decision of the Trial Examiner with respect to the discharge of Rita Devaney is supported by substantial evidence and that the order of the Board disagreeing with the Trial Examiner and directing the reinstatement of Devaney is not supported by substantial evidence on the record as a whole. It is ordered that enforcement of this part of the order of the Board is denied.
Counsel for respondent having stated in open court that respondent already has complied with the other parts of the Board’s order, it is ordered that enforcement is granted except as to the reinstatement of Devaney. This court does not reach the question of the application to the facts of this case of the rule enunciated in N.L.R.B. v. Central Power & Light Co., 425 F. 2d 1318, 1320 (5th Cir.).
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Citator
Authorities Cited
- Nat'l Labor Relations Bd. v. Cent. Power & Light Co., 425 F.2d 1318 (5th Cir. 1970)