Federal Circuits, 4th Cir. (July 02, 1957)
Docket number: 7439
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Robert E. Manuel, Atty., N. L. R. B., Washington, D. C. (Jerome D. Fenton, Gen. Counsel, Stephen Leonard, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Samuel M. Singer, Atty., N. L. R. B., Washington, D. C., on the brief), for petitioner.
Whiteford S. Blakeney, Charlotte, N. C. (William H. Rosenfeld, Cleveland, Ohio, Ernest W. Machen, Jr., and Blakeney & Alexander, Charlotte, N. C., on the brief), for respondent.Before PARKER, Chief Judge, and SOPER and SOBELOFF, Circuit Judges.PER CURIAM.This is a petition to enforce an order of the National Labor Relations Board which found that the Spartanburg Sportswear Company had been guilty of unfair labor practices in questioning employees as to union membership and discriminatory discharge of two employees for union membership and activities. The questioning of employees in the course of an organizational campaign is well established by the testimony. The discharges were of employees prominent in the movement to establish the union. They were shown to be highly competent persons and the reasons given for their discharge are not convincing, particularly in the light of the strong anti-union attitude of the company. The facts are fully set forth in the Report of the Trial Examiner and the Decision and Order of the Board and need not be repeated here. The questions involved are pure questions of fact; they may be established by circumstantial evidence as well as by that which is direct; and where the finding of the Board, as here, is supported by circumstances from which the conclusion of discriminatory discharge may legitimately be drawn, it is binding upon the courts, as they are without power to find facts or substitute their judgment for that of the Board. Hartsell Mills Co. v. N. L. R. B., 4 Cir.,Try vLex for FREE for 3 days
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