U.S. Court of Appeals for the Ninth Circuit, 1966

National Labor Relations Board v. Pine Products Corporation

National Labor Relations Board v. Pine Products Corporation
U.S. Court of Appeals for the Ninth Circuit · Decided May 12, 1966 · Merrill, Koelsch, Beeks
361 F.2d 480; 62 L.R.R.M. (BNA) 2388; 1966 U.S. App. LEXIS 6194 (Federal Reporter, Second Series)

National Labor Relations Board v. Pine Products Corporation

Opinion

PER CURIAM:

The National Labor Relations Board has found that respondent violated section 8(a) (3) and (1) of the National 61 Stat. 140, as amended, 73 Stat. 525 (1959), 29 U.S.C. § 158(a) (3), (1) (1964), by discharging Floyd Manley Mergel because of union activities. It seeks enforcement of its order. Respondent here attacks the credibility determinations of the Trial Examiner and his choice of inferences. It persuasively argues that the discharge of Mergel was for legitimate business purposes and pursuant to legitimate managerial decisions.

On review the sole question is whether the Board’s findings are sup *481 ported by substantial evidence on the whole record. We conclude that they are and that the order is entitled to enforcement.

It is so ordered.

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