Shattuck Denn Mining Corporation, (Iron King Branch) v. National Labor Relations Board

The National Labor Relations Board adopted the findings of its trial examiner and held that petitioner (Shat-tuck) had violated sections 8(a) (1) and 8(a) (3) of the National Labor Relations Act ( 29 U.S.C. § 158 (a) (1) and (3)). Shattuck seeks to set the Board’s order aside; the Board seeks enforcement. The sole question presented is whether “[t]he findings of the Board * * * [are] supported by substantial evidence on the record considered as a whole * * (Section 10(e), 29 U.S. C. § 160(e)). If so, those findings are “conclusive.” We hold that the findings are supported. It follows that the Board's order should be enforced.

Four incidents gave rise to this case. We consider them separately.

1. The discharge of Olvera.

For some years the employees of Shat-tuck, which operates the Iron King mine in Arizona, have been represented by unions, from 1946 to 1958 by the Federal Labor Union, and from 1958 to April 1964 by the Steelworkers Union. On March 25, 1964, the International Union of Mine, Mill and Smelter Workers won a Board-conducted election and became the bargaining agent, certified on April 2, 1964. Olvera, an employee of 9 years standing with an unblemished record, was…