Motorola, Inc. v. National Labor Relations Board

This matter is before us on petition of Motorola to review and set aside an order of the National Labor Relations Board and on the cross prayer of the Board for enforcement.

The order proceeds on findings that Motorola violated § 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C.A. § 158 (a) (1, 5), by refusing to recognize a local of the International Association of Machinists as the bargaining agent of its machine-shop employees ; by giving the machine-shop men a precipitate raise in pay calculated to cool their ardor for collective bargaining; and by failing to bargain in reference to subsequent pay increases awarded the employees in the appropriate unit. The Board, in making its findings, adopted without material change those of the Trial Examiner.

Motorola contends that the findings are not supported by substantial evidence on the record considered as a whole. We may say at once that we are not able to agree. The basic question is one of credibility, and in this area much must be conceded the superior opportunity of the Examiner to observe the demeanor of the witnesses.

When the case arose, in July of 1950, Motorola had in its employ 24 workers in the machine…