Justia Federal District Court Opinions

The National Labor Relations Board, pursuant to Sec. 10(e) of the National Labor Relations Act (29 U.S.C.A. § 151 et seq.), seeks enforcement of its order.1 The respondent insists: (1) that the Board's factual findings are not supported by substantial evidence; (2) that the Court should remand the proceedings for the purpose of adducing additional testimony; and (3) that the Board's conclusion that respondent's conduct violated Sec. 8(a) (1) of the Act was improper.

For reasons sufficiently appearing in the Board's decision, we are of opinion that substantial evidence on the record as a whole supports its finding that respondent discharged supervisor Robert L. Whaley because he gave testimony adverse to its interests in a prior Board proceeding, and that the Board did not abuse its discretion in denying the respondent's motion that the case be remanded for the purpose of taking additional evidence. We further hold that, under the evidence in the record, the Board was warranted in concluding that the discharge of a supervisor for testifying under the Act interfered with, restrained and coerced nonsupervisory employees in violation of Sec. 8(a) (1) [See N. L. R. B. v. Talladega Cotton Factory, Inc., 5 Cir., 213 F.2d 209, 215-217, 40 A.L.R.2d 404], and that a contrary conclusion is not required by Section 8(a) (4) of the Act. Compare Pedersen v. N. L. R. B., 2d Cir., 234 F.2d 417.

The order is therefore

Enforced.