U.S. Court of Appeals for the Sixth Circuit, 1970

National Labor Relations Board v. Rogers Mfg. Co.

U.S. Court of Appeals for the Sixth Circuit · Decided June 17, 1970 · Phillips, Peck, Hogan

427 F.2d 712; 74 L.R.R.M. (BNA) 2640; 1970 U.S. App. LEXIS 8655 (Federal Reporter, Second Series)

Counsel

Frank E. VogI, N. L. R. B., Washington, D. C., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Paul J. Spielberg, Atty., N. L. R. B., Washington, D. C., on the brief, for petitioner., Roy E. Browne, Akron, Ohio, Hershey, Browne, Wilson, Steel, Cook & Wolfe, Akron, Ohio, on the brief, for respondent.

Cases that cite this one

1 later published case cites this decision.

Winn-Dixie Stores, Inc. v. National Labor Relations Board (4th Cir. 1974)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER

The petitioner applied for enforcement of a Second Supplemental Backpay Order of the Board which was issued on September 16, 1969, and is reported at 178 NLRB No. 69, and requested leave to modify that Supplemental Decision and Order so as to include a provision for interest. The previous history of this case is set forth in N. L. R. B. v. Rogers Mfg. Co., 406 F.2d 1106 (6th Cir. 1969) granting, in part, enforcement of the First Supplemental Backpay Order; denying, in part, enforcement and remanding for further proceedings.

The request for leave to modify is denied.

A review of the present record as a whole convinces us that there is no substantial evidence to support the Second Supplemental Decision and Order. Universal Camera Corp. v. Labor Bd., 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1951). This Court “cannot conscientiously find that the evidence supporting that decision is substantial, when viewed in the light that the record in its entirety furnishes.” Idem, at 488, 71 S.Ct., at 457.

Enforcement is therefore denied.

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