National Labor Relations Board v. Warren L. Rose Castings, Inc., D/B/A v & W Castings

The National Labor Relations Board applies for enforcement of its order requiring Warren L. Rose Castings, Inc. to cease violations of the National Labor Relations Act, and to reinstate employee Michael McMurry with back pay. We find the Board’s decision was supported by substantial evidence and direct that the order be enforced.

This case turns principally on resolution of conflicting testimony and raises once again the question of what deference ought to be accorded the Board’s findings when those findings constitute a reversal of the findings made by the administrative law judge who actually heard the case.

Among the facts that are not seriously contested are that Rose Castings hired McMurry on May 13,1976 as a core machine operator and that McMurry was fired October 29, 1976. During this course of time McMurry was absent from work without prior authorization or explanation, on 13 different days. It appears that he was orally warned about unexplained absences in May or June, and again in August. In addition, McMurry was orally warned in August about returning late to work after his lunch breaks. It is not disputed that McMurry never received a written warning of any kind.…