Boeing Airplane Company, a Corporation v. National Labor Relations Board

Good Law
238 F.2d 188·38 L.R.R.M. (BNA) 2276·1956 U.S. App. LEXIS 4549
United States Court of Appeals for the Ninth CircuitJune 18, 195614540_1California2,418 words

Opinion

Opinion

Fee, J.

A petition has been filed by Boeing Airplane Company to review and set aside an order of the National Labor Relations Board. The sole question presented is whether Boeing violated the Act on January 27, 1953, by then discharging from its employ one Charles Robert Pearson.

Complaint was issued charging several violations by Boeing. An exhaustive hearing was held. The Trial Examiner issued a thorough analysis of the facts and applicable law, and recommended a dismissal of the complaint in its entirety. Specifically, he found the discharge of Pearson was based upon the fact that Pearson, while employed and not on strike, was acting as an employment agent to procure offers from other employers for Boeing engineers; that Pearson refused on request to give up these activities or to terminate his employment with Boeing. The effect of the findings of the Trial Examiner was that the ground of discharge was true in fact; that Boeing acted in good faith and with the firm and well founded belief that the actions of Pearson were inimical to the vital interests of Boeing and constituted disloyalty.

The Board, in review, pursuant to the recommendation of the Trial Examiner, unanimously…

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