U.S. Court of Appeals for the Fifth Circuit, 1963

National Labor Relations Board v. Dal-Tex Optical Company, Inc.

National Labor Relations Board v. Dal-Tex Optical Company, Inc.
U.S. Court of Appeals for the Fifth Circuit · Decided November 27, 1963 · Tuttle, Brown, Gewin
325 F.2d 78; 54 L.R.R.M. (BNA) 2671; 1963 U.S. App. LEXIS 3572 (Federal Reporter, Second Series)

National Labor Relations Board v. Dal-Tex Optical Company, Inc.

Opinion

PER CURIAM.

A careful scrutiny of the record in this case, especially the report of the trial examiner who recommended dismissal of the proceedings, convinces us that there is a lack of substantial evidence on the record as a whole to support the Board’s order. The examiner made credibility determinations as to both the surveillance charge and the discriminatory discharges charge. We conclude that they should have been followed by the Board in the absence of any substantial countervailing evidence.

The petition to enforce is denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.