TaiLexi AI U.S. Case Law

National Labor Relations Board v. Victor Otlans Roofing Co.

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. VICTOR OTLANS ROOFING CO., Respondent

Nat'l Labor Relations Bd. v. Victor Otlans Roofing Co., 445 F.2d 299 (9th Cir. 1971)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
June 23, 1971
Docket
No. 26196
Judges
Browning, Carter, Per Curiam, Trask
Citations
445 F.2d 29977 L.R.R.M. (BNA) 28931971 U.S. App. LEXIS 9368

Opinion — Per Curiam

PER CURIAM:

Larrell Lane, employed as a kettleman by the respondent, Victor Otlans Roofing Co., was discharged. He claimed that the true cause of the discharge was union activity. A charge was filed against the employer before the National Labor Relations Board by Lane’s union to this effect and eventually a hearing held before a Trial Examiner on the issues joined by the Employer’s denial.

The Trial Examiner found in favor of the union and the employee and entered an order for reinstatement and back pay. A review by the Board resulted in an order affirming the Trial Examiner’s findings and order subject to a change in a date which was of no substantial significance.

The case is now before this court upon an application of the National Labor Relations Board pursuant to Section 10(e) of the Act, as amended, 29 U.S.C. Section 151 et seq. for enforcement of its order against Otlans 1

*300 Otlans was found by the Board to have violated Section 8(a) (3) and (1) of the National Labor Relations Board by discharging Lane because of his union activity and refusing to reinstate him. A violation of Section 8(a) (3) and (1) may be found where an employee is discharged because he has sought with the aid of his union or with other employees to protest the amount of his pay or his working conditions. Shattuck Denn Mining Corp. v. N.L.R.B., 362 F.2d 466, 468 (9th Cir.1966). That is what Lane did and upon conflicting evidence involving the credibility of witnesses, the Board found against the employer.

We have reviewed the testimony and it is apparent from it that substantial evidence on the record considered as a whole supports the Board’s findings. N.L.R.B. v. Ayer Lar Sanitarium, 436 F.2d 45, 49 (9th Cir.1970).

We also conclude that the Trial Examiner did not abuse his discretion in declining to reopen the hearing to hear evidence that was available at the time of hearing.

The order of the Board is enforced.

1

. The decision of the Board may be found at 182 N.L.R.B. No. 137.

How later courts describe this case

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

1973: 11974: 11979: 21980: 11981: 11985: 119732026peak 1979 · 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
Shattuck Denn Mining Corp., (Iron King Branch) v. Nat'l Labor Relations Bd., 362 F.2d 466 (9th Cir. 1966) 65
Nat'l Labor Relations Bd. v. Ayer Lar Sanitarium, 436 F.2d 45 (9th Cir. 1970) 46

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list