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
Opinion
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.
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(court enforces NLRB finding of violations of National Labor Relations Act for threatening members with loss of employment for opposing incumbent leadership)
Cited by 10 cases
View all citing references →Relies on it most ⓘ
- Farmer v. United Brotherhood of Carpenters & Joiners of America, Local 25
- John C. Shimman v. John Frank
- Jasmine Vineyards, Inc. v. Agricultural Labor Relations Board
- National Labor Relations Board v. Franklin Property Company, Inc., D/B/A the Hilton Inn
- Shimman v. Miller
- Murphy v. International Union of Operating Engineers, Local 18
Most recent
- No. 92-3399
- Shimman v. Miller
- Murphy v. International Union of Operating Engineers, Local 18
- Krispy Kreme Doughnut Corporation v. National Labor Relations Board
- Music City Service, Inc., D/B/A Gray Line Tours v. National Labor Relations Board
- Jasmine Vineyards, Inc. v. Agricultural Labor Relations Board
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