Martin

National Labor Relations Board v. Martin

Good Law
207 F.2d 655·33 L.R.R.M. (BNA) 2046·1953 U.S. App. LEXIS 3600
United States Court of Appeals for the Ninth CircuitOctober 19, 195313690_1California1,912 words

Opinion

Opinion

Healy, J.

This matter is before us on petition of the National Labor Relations Board for enforcement of an order directed against respondents. The case relates to two of the latters’ employees, Frederick and Leeper. Agreeably with the report of the trial examiner, the Board found that Frederick was discharged in violation of § 8(a) (1) and (3) of the Act because of his activities on behalf of United Automobile Workers, which had undertaken to organize respondents’ shop; and that Leeper was discharged for having led a group of employees in concerted activity protected by § 7 of the Act.

Respondents urge that the findings are not substantially supported by the evidence when considered in its entirety. They contend also that the proceeding is barred by the six-month limitation of § 10(b), which in substance provides that no complaint shall issue based upon any unfair labor practice occurring more than six months prior to the filing and service of the charge. We turn first to the latter contention.

The alleged unfair labor practices occurred in December of 1950, and the charge was filed February 1, 1951. The complaint issued November 14, 1951. The charge, lodged by the Union, recited that…

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