National Labor Relations Board v. Central Press of California

The Board found that respondent violated sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act by discharging an employee because he sympathized with and worked on behalf of a union. The Board order issued May 21, 1974 is reported at 210 NLRB No. 113 .

Respondent urges this court to remand the case for a new evidentiary hearing because (1) the Administrative Law Judge was biased and (2) the Board allegedly did not consider one of the defenses raised by the respondent. We reject both contentions and enforce the Board order in full.

Neither the Administrative Law Judge’s determinations of credibility adverse to respondent nor his questions to witnesses support respondent’s allegation of judicial bias. See N.L.R.B. v. Pittsburgh Steamship Co., 337 U.S. 656, 659-60 , 69 S.Ct. 1283 , 93 L.Ed. 1602 (1949); N.L.R.B. v. Air Flow Sheet Metal, Inc., 396 F.2d 506, 508 (7th Cir. 1968).

Respondent’s second argument for remand is that the Board did not specifically consider a defense it offered to the unlawful discharge. Respondent asserted before the Administrative Law Judge and the Board that the employee’s discharge was for good cause. The Administrative Law Judge…