National Labor Relations Board v. Custom Chair Manufacturing Co.

Good Law
422 F.2d 1300·73 L.R.R.M. (BNA) 2812·1970 U.S. App. LEXIS 10355
United States Court of Appeals for the Ninth CircuitMarch 11, 197024452_1California342 words

Opinion

Opinion

Before us is an application of the National Labor Relations Board pursuant to section 10(e) of the National Labor Relations Act, as amended, 29 U.S.C. § 160 (e) (1964), for enforcement of its order against Custom Chair Manufacturing Company (herein “Company”) on March 19, 1968. 170 NLRB No. 62 (R. 73-74). We have jurisdiction since the labor practices in question occurred in Gardena, California.

The Board’s decision and order affirmed and modified the rulings made by the Trial Examiner on December 11, 1967. The examiner found that the Company had engaged in certain unfair labor practices.

The Company’s sole argument in opposition to the order is that “ * * * said Order was entered by the National Labor Relations Board on hearsay and inferences, it was not based on substantial evidence. In this connection, [the Company] alleges that there is no substantial evidence in the record to sustain the findings.” (R. 77-78.) The parties are thus in agreement that if the evidence supports the Board’s factual findings, the Board’s legal conclusions are sound.

It is well established that this court does not sit to judge the credibility of witnesses or to overturn

Board factual findings…

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