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Milton Perel, Ruth S. Perel, J. Plotkin and Shirley P. Plotkin, D/B/A Richmond Lumber and Building Supply Company v. National Labor Relations Board

Milton PEREL, Ruth S. Perel, J. Plotkin and Shirley P. Plotkin, D/B/A Richmond Lumber and Building Supply Company, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent

Perel v. Nat'l Labor Relations Bd., 373 F.2d 736 (4th Cir. 1967)
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Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
February 10, 1967
Docket
No. 10701_1
Judges
Bryan, Bell, Craven
Citations
373 F.2d 73664 L.R.R.M. (BNA) 2585

Opinion — Per Curiam

PER CURIAM.

This matter is before us upon a petition to deny enforcement of an order of the National Labor Relations Board and a cross petition to enforce. The Board upon review adopted the trial examiner’s findings that the petitioner had improperly discharged two of its employees in violation of section 8(a) (3) and (1) of the National Labor Relations Act ( 29 U.S.C. § 151 et seq. (1964)) because of union activity and not for the reasons advanced by the employer. We have examined the record and we find *737 substantial evidence to support the Board’s findings, though we readily concede that the discharged employees were not without fault. The petitioner’s opposition to the organization of its employees; its knowledge of the organizational activity of the discharges; and the timing of the discharges when balanced against the reasons advanced by the employer raise a question of fact as to the real motive for the discharges which the expertise of the Board is peculiarly suited to determine, and where its findings are supported by both direct and circumstantial evidence, this court should not substitute its judgment for that of the Board. NLRB v. Associated Naval Architects, Inc., 355 F.2d 788 (4 Cir. 1966); NLRB v. Lester Bros., Inc., 337 F.2d 706 (4 Cir. 1964).

The order of the Board will be enforced.

Enforced.

How later courts describe this case

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

1980: 21995: 21997: 22005: 119802026peak 1980 · 2

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.

Authorities cited 2

DepthCaseCited by
Nat'l Labor Relations Bd. v. Associated Naval Architects, Inc., 355 F.2d 788 (4th Cir. 1966) 19
Nat'l Labor Relations Bd. v. Lester Bros., 337 F.2d 706 (4th Cir. 1964) 14

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