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National Labor Relations Board v. Gibbs Corporation

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. GIBBS CORPORATION, Respondent

Nat'l Labor Relations Bd. v. Gibbs Corp., 308 F.2d 247 (5th Cir. 1962)
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Subsequent history: rev'd sub nom. Nash v. Fla. Indus. Comm'n, 389 U.S. 235 (1967). (read from the later opinion; check before relying)

Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
September 25, 1962
Docket
No. 19177_1
Judges
Cameron, Bell, Carswell
Citations
308 F.2d 24751 L.R.R.M. (BNA) 21561962 U.S. App. LEXIS 4057

Opinion — Per Curiam

PER CURIAM.

The question before us is whether there is substantial evidence in the record to support the Board’s findings 1

that Respondent violated § 8(a) (1) and (4) of the National Labor Relations Act 2

by discharging twenty employees for filing charges against Respondent alleging violations of the Act.

In short, the employees felt that their union was not representing them properly with respect to a grievance over seniority matters. The employees involved were fired because of a letter sent to a Gibbs executive advising him that charges had been filed against both Gibbs and the Union and that the employees listed in the letter supported the charge.

Respondent claims the men were discharged because it thought that it would be an unfair labor practice on its part to meet with the men, since the men were members of the Union with which Gibbs had a labor contract. However, the Board found that, in any event, no such meeting was requested.

The Board found that the discharge was not justified and that Respondent was guilty of an unfair labor practice in discharging the men. There is substantial evidence in the record to support the Board’s findings and conclusions.

The Petition for Enforcement is Granted.

1

. 131 N.L.R.B. 118 .

2

. 29 U.S.C.A. § 151 et seq.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1967: 11968: 119672026peak 1967 · 1

Relies on it most ⓘ

  1. Nash v. Florida Industrial Commission389 U.S. 235 (1967)
  2. Nash v. Florida Industrial Commission205 So. 2d 700 (Fla. Dist. Ct. App. 1968)

Most recent

  1. Nash v. Florida Industrial Commission205 So. 2d 700 (Fla. Dist. Ct. App. 1968)
  2. Nash v. Florida Industrial Commission389 U.S. 235 (1967)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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