Amco Electric v. National Labor Relations Board

This case presents the question whether findings of the National Labor Relations Board which reject determinations of the trial examiner on matters of veracity and credibility can in this case be said to be “supported by substantial evidence on the record considered as a whole.”

At issue is the motive of petitioner in discharging one Donald Crowe. The trial examiner concluded that the discharge was for legitimate business reasons and unconnected with union activity. The Board disagreed finding that it was because of “union or concerted activities” in which Crowe had engaged, and concluding that petitioner had thereby engaged in unfair labor practices within the meaning of section 8(a) (3) and (1) of the National Labor Relations Act (Taft-Hartley Act) 61 Stat. 140 , as amended 73 Stat. 525 (1959), 29 U.S.C. § 158 (a) (3), (1) (1964). An order to cease and desist and for reinstatement was entered from which petitioner here seeks relief by review.

Petitioner was engaged as an electrical subcontractor on a construction job at Vandenberg Air Force Base in California. Work was being carried on at several sites which were separated from each other by a matter of some miles.…