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National Labor Relations Board v. International Union of Operating Engineers, Local 18, Afl-Cio

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 18, AFL-CIO, Respondent

Nat'l Labor Relations Bd. v. Int'l Union of Operating Engineers, Local 18, Afl-Cio, 500 F.2d 48 (6th Cir. 1974)
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Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
July 5, 1974
Docket
No. 73-2140
Judges
Celebrezze, Miller, Gray
Citations
500 F.2d 4886 L.R.R.M. (BNA) 29321974 U.S. App. LEXIS 7783

Opinion — Per Curiam

PER CURIAM.

In this action the National Labor Relations Board has applied, pursuant to Section 10(e) of the National Labor Relations Act ( 29 U.S.C. § 160 (e)), for enforcement of its Order issued against the Respondent August 27, 1973. The Board’s Decision and Order are reported at 205 NLRB 146 .

The Board found that Respondent had violated §§ 8(b)(2) and 8(b)(1)(A) of the Act in actions involving Union members Walter Shimman and Glenn Oberle and § 8(b)(1)(A) by threatening members with loss of employment opportunities and related reprisals because they opposed the incumbent leadership of the Union. The Board ordered certain specific relief and the posting and mailing of notice.

Respondent asserts that the Order is not supported by substantial evi *49 dence, particular attack being made upon the decisions of the Administrative Law Judge on the credibility of witnesses. There are substantial conflicts in the testimony, but it is the function of the Board to resolve questions of fact and credibility, and, if there is substantial evidence to support the Board’s findings, they must be accepted by this Court. National Labor Relations Act, Section 10(e), 29 U.S.C. § 160 (e); Universal Camera Corp. v. N. L. R. B., 340 U.S. 474 , 71 S.Ct. 456 , 95 L.Ed. 456 (1951); N.L.R.B. v. RAWAC Plating Co., 422 F.2d 1259 (6th Cir. 1970).

Upon consideration of the entire record, the briefs and oral arguments, the Court concludes that the factual findings of the Board are supported by substantial evidence and that the Administrative Law Judge did not abuse his discretion in making determinations as to credibility of witnesses.

The Order of the Board is enforced.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 10 cases

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1977: 11978: 11980: 31983: 11984: 11985: 11993: 219772026peak 1980 · 3

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
Universal Camera Corp. v. Nat'l Labor Relations Bd., 340 U.S. 474 (1951) 7,362
Nat'l Labor Relations Bd. v. Rawac Plating Co., 422 F.2d 1259 (6th Cir. 1970) 8

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