From Casetext: Smarter Legal Research

Nat'l Labor Relations Bd. v. Nichols of Ohio

United States Court of Appeals, Sixth Circuit
Dec 27, 1972
472 F.2d 1228 (6th Cir. 1972)

Opinion

No. 72-1493.

December 27, 1972.

Marcel Mallet-Prevost, Asst. Gen. Counsel, Washington, D.C., Philip Fusco, Director, Cleveland, Ohio, Roger Hartley, Washington, D.C., for petitioner.

James L. Burke, Elmira, N. Y., for respondent.

Before EDWARDS, CELEBREZZE and MILLER, Circuit Judges.


The National Labor Relations Board seeks enforcement of its order directing respondent to cease and desist from violation of sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act.

The Board had found that respondent's supervisory personnel had engaged in coercive interrogation of employees concerning union activities and had made promises of benefits to employees and had discharged certain employees for union activities. While the record in this case indicates that much of the evidence was in direct conflict and that the resolution of issues of credibility was far from a simple and easy task, the record also discloses that there clearly was substantial evidence to support the findings of the trial examiner and the decision and order of the Board.

This court does not sit to retry disputed issues of fact or to redetermine issues of credibility of witnesses. Our sole question in such a proceeding as this is to determine whether or not there was substantial evidence on the record taken as a whole to uphold the findings of fact and the order of the National Labor Relations Board. Universal Camera Corp. v. N.L.R.B., 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1951).

Enforcement of the Board's order is granted.


Summaries of

Nat'l Labor Relations Bd. v. Nichols of Ohio

United States Court of Appeals, Sixth Circuit
Dec 27, 1972
472 F.2d 1228 (6th Cir. 1972)
Case details for

Nat'l Labor Relations Bd. v. Nichols of Ohio

Case Details

Full title:NATIONAL LABOR RELATIONS BOARD, PETITIONER, v. S.E. NICHOLS OF OHIO, INC.…

Court:United States Court of Appeals, Sixth Circuit

Date published: Dec 27, 1972

Citations

472 F.2d 1228 (6th Cir. 1972)

Citing Cases

Sawyer v. Arum

Accordingly, the factual conclusions rendered by a district court sitting without a jury are binding on…

Owens-Illinois, Inc. v. Aetna Cas. Sur. Co.

[T]he factual conclusions rendered by a district court sitting without a jury are binding on appeal unless…