Servomation, Inc. v. National Labor Relations Board

Good Law
603 F.2d 762
United States Court of Appeals for the Ninth CircuitSeptember 26, 197978-2737California305 words

Opinion

Opinion

Pursuant to 29 U.S.C. § 160 (f), Servomation, Inc. has petitioned for review of a Decision and Order of the National Labor Relations Board, issued on July 21, 1978, and reported at 237 N.L.R.B. No. 10. The respondent Board has cross-applied for enforcement of its Order.

A careful review of the entire record clearly leads us to the conclusion that the relevant findings of the Administrative Law Judge that were unanimously adopted by the Board are supported by substantial evidence. Additionally, we reject petitioner’s argument that the Board’s Decision and Order did not meet the requirements of Section 8(c) of the Administrative Procedure Act, 5 U.S.C. § 557 (c), because the Board failed to state its reasons for overruling each of the exceptions to the decision of the Administrative Law Judge. As we see it, the Board satisfied the requirements of this Section in its review and adoption of the findings, conclusions, and rationale of the Administrative Law Judge. See Borek Motor Sales, Inc. v. N. L. R. B., 425 F.2d 677, 681-82 (7th Cir.), cert. denied, 400 U.S. 823 , 91 S.Ct. 45 , 27 L.Ed.2d 52 (1970).

Accordingly, the petition for review is denied, and the Board’s cross-petition…

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