National Labor Relations Board v. Women's Wear Co.
National Labor Relations Board v. Women's Wear Co.
Opinion of the Court
This petition brings before us an order of the National Labor Relations Board, in the usual form, based on findings of interference, restraint and coercion in violation of section 8(1) of the Act, and the discriminatory discharge of an employee in violation of section 8(3), 29 U.S.C.A. § 158. The respondent contends that the findings are not supported by substantial evidence. On such an issue the very limited function of the court is no longer debatable. It is not for us to weigh conflicting testimony and pass upon the credibility of witnesses; nor may we reject inferences drawn by the Board from proven facts merely because different inference might to us seem more reasonable. National Labor Relations Board v. Greater New York Broadcasting Corp., 2 Cir., 147 F.2d 337, 340; F. W. Woolworth Co. v. National Labor Relations Board, 2 Cir., 121 F.2d 658, 660.
Bearing in mind the narrow limits of judicial review, it is unnecessary to state the evidence in detail. The crucial question in the case is whether there is enough evidence to support the Board’s finding that Loretta Bogoff was discharged because of her. activities as a member of the Newspaper Guild of New York rather than for the reasons asserted by her employer. In January 1943 she began her employment in the advertising service department of the respondent under Mr. Freeland. During
This is sufficient to dispose of the case. The violation of subdivision (3) of section 8, 29 U.S.C.A. § 158, is itself a violation of subdivision (1), for “discrimination * * * to encourage or discourage membership in any labor organization” is necessarily an interference with employees “in the exercise of the rights guaranteed” them by section 7, 29 U.S.C.A. § 157. Consequently the respondent violated both subdivisions by its discriminatory discharge of Bogoff, and it is unnecessary to consider whether the testimony of Luttinger, or the admissions of Diamond, established a further violation of subdivision (1). We may add, however, that were it important, we should find it difficult to accept the trial examiner’s analysis of the evidence.
Petition for an order of enforcement is granted.
Reference
- Full Case Name
- NATIONAL LABOR RELATIONS BOARD v. WOMEN'S WEAR CO.
- Status
- Published