NATIONAL LABOR RELATIONS BOARD, PETITIONER,
v.
CUSTOM CHAIR MANUFACTURING CO., RESPONDENT
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The court granted the National Labor Relations Board's application for enforcement of its order against the Company.
The National Labor Relations Board sought enforcement of its order finding Custom Chair Manufacturing Company engaged in unfair labor practices. The C…
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PER CURIAM:
Before us is an application of the National Labor Relations Board pursuant to section 10(e) of the National Labor Relations Act, as amended, 29 U.S.C. § 160(e) (1964), for enforcement of its order against Custom Chair Manufacturing Company (herein “Company”) on March 19, 1968. 170 NLRB No. 62 (R. 73-74). We have jurisdiction since the labor practices in question occurred in Gardena, California.
The Board’s decision and order affirmed and modified the rulings made by the Trial Examiner on December 11, 1967. The examiner found that the Company had engaged in certain unfair labor practices.
The Company’s sole argument in opposition to the order is that “ * * * said Order was entered by the National Labor Relations Board on hearsay and inferences, it was not based on substantial evidence. In this connection, [the Company] alleges that there is no substantial evidence in the record to sustain the findings.” (R. 77-78.) The parties are thus in agreement that if the evidence supports the Board’s factual findings, the Board’s legal conclusions are sound.
It is well established that this court does not sit to judge the credibility of witnesses or to overturn
“ * * * the Board’s choice between two fairly conflicting views although this court might justifiably make a different choice were the matter before it de novo.” (NLRB v. Stanislaus Im plement & Hardware Co., 226 F. 2d 377, 381 (9th Cir. 1955); accord, NLRB v. Luisi Trunk Lines, 384 F. 2d 842, 846 (9th Cir. 1967).)
Board factual findings should not be disturbed unless a clear preponderance of all the relevant evidence convinces us that they are incorrect. Id.
From a thorough examination of the record, including the transcripts of all testimony before the examiner, we have concluded that while some of the evidence is “thin”, the factual inferences drawn by the Board were reasonable, and that if there was any hearsay testimony in any way relied upon, it was sufficiently corroborated (“by more than a mere scintilla of evidence”) to reasonably justify the Board’s conclusion that substantial evidence existed. See generally Willapoint Oysters v. Ewing, 174 F. 2d 676, 690-691 (9th Cir.), cert. denied, 338 U.S. 860, 70 S.Ct. 101, 94 L.Ed. 527 (1949); Boyle’s Famous Corned Beef Co. v. NLRB, 400 F. 2d 154, 170 (8th Cir. 1968).
This Application for Enforcement of the Order of The National Labor Relations Board is granted.
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Nat'l Labor Relations Bd. v. Ayer LAR Sanitarium, 436 F.2d 45 (9th Cir. 1970)
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Nat'l Labor Relations Bd. v. Ivo H. Denham and Geraldine A. Denham, 469 F.2d 239 (9th Cir. 1972)
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Nat'l Labor Relations Bd. v. Evison J. Dent and Doris L. Dent, 534 F.2d 844 (9th Cir. 1976)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Coleman v. Kansas, 338 U.S. 860 (U.S. 1949)
- Willapoint Oysters, Inc. v. Ewing, 174 F.2d 676 (9th Cir. 1949)
- Boyle's Famous Corned Beef Co. v. Nat'l Labor Relations Bd., 400 F.2d 154 (8th Cir. 1968)
- Nat'l Labor Relations Bd. v. Luisi Truck Lines, 384 F.2d 842 (9th Cir. 1967)
- Nat'l Labor Relations Bd. v. Stanislaus Implement & Hardware Co., Ltd., 226 F.2d 377 (9th Cir. 1955)