National Labor Relations Board v. Reeves Rubber Co.

Good Law
153 F.2d 340·17 L.R.R.M. (BNA) 765·1946 U.S. App. LEXIS 2982
United States Court of Appeals for the Ninth CircuitJanuary 28, 1946No. 11055California1,880 words

Opinion

Lead Opinion

Stephens, J.

In opposition to the National Labor Relations Board’s petition for the enforcement of its order to respondent Reeves. Rubber Company, the latter interposes three reasons why, in its view, this court should deny the petition. They are as follows:

1. The Board’s findings of fact that respondent has engaged in and is engaging in unfair labor practices in violation of § 8(1) and (3) of the National Labor Relations Act, 29 U.S.C.A. § 158 (1, 3), are not supported by substantial evidence.

2. The record conclusively shows that Jacob Horn was discharged for poor workmanship and carelessness rather than because of his membership and activities in behalf of the union.

3. The Board’s order is unlawful.

We think the three points may be treated without strictly separating them.

The Board’s order is that respondent cease and desist from “(a) Discouraging membership in United Rubber Workers of America, affiliated with the Congress of In *341 dustrial Organizations, or in any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire or tenure of employment or any term or condition of…

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