Hicks-Ponder Company-Cross v. National Labor Relations Board-Cross
Hicks-Ponder Company-Cross v. National Labor Relations Board-Cross
070rehearing
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.
Opinion of the Court
We have concluded on the merits that oral argument is unnecessary in this case. Accordingly, we have directed the Clerk to place the case on the Summary Calendar and to notify the parties of this fact in writing. See Huth v. Southern Pacific Co., 5 Cir. 1969, 417 F.2d 526; Murphy v. Houma Well Service, 5 Cir. 1969, 409 F.2d 804; 5th Cir. R. 18.
The National Labor Relations Board found that the Hicks-Ponder Company violated section 8(a) (1) of the National Labor Relations Act, 29 U.S.C. § 158(a) (1), by interfering with, restraining, and coercing its employees in the exercise of their section 7 organizational rights. It also found an 8(a) (3) and (1) violation in the discriminatory discharge of employee Josephine Jaime. The question before us, again, is whether substantial evidence on the record taken as a whole supports the findings. See NLRB v. Monroe Auto
There is ample evidence to support the Board on the first violation. The second is complicated in that several of the relevant witnesses gave evasive testimony. Apparently none presented a completely accurate and detached statement of what occurred. But on the basis of the record we are unable to say that the Trial Examiner — and the Board in affirming him —made erroneous credibility determinations. *
Consequently, we enforce the order of the Board.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.