NATIONAL LABOR RELATIONS BOARD, PETITIONER,
v.
VIRGINIA METALCRAFTERS, INCORPORATED, RESPONDENT

4th Cir. | 1967-12-06
No. 11270
387 F.2d 379 United States Court of Appeals for the Fourth Circuit (1967)

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Holding

The court held that the undisputed facts provided a sufficient basis for the National Labor Relations Board's finding of a violation.


Facts & Procedural History

An employee with an excellent record was discharged shortly after a discussion about unionization, despite the employer's opposition to the union. The…

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

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Opinion of the Court
PER CURIAM:

PER CURIAM:

This case is before us upon the petition of the National Labor Relations Board for enforcement of its order against Virginia Metalcrafters, Inc. The order arises out of a complaint filed by Garland McVey charging that he had been discharged because of his union activities, in violation of § 8(a) (3) and d).

The employer insists that the evidence belies the Board’s finding, essential to an 8(a) (3) violation, that the Company knew of McVey’s union activity. It presented no countervailing evidence at the hearing.

The testimony indicates that McVey, an employee with an excellent record extending over eight years, was abruptly discharged only a few hours after he had engaged in a heated discussion with an ex-foreman over the benefits of unionization. The Company was aware of the union activity in the plant and had vigorously opposed it. McVey received no warning and while the reason offered was his “bad attitude,” Company officials were evasive and contradictory when pressed for a more acceptable explanation.

We are convinced that the undisputed facts constitute a sufficient basis for the Board’s finding. Its order will be

Enforced.


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