National Labor Relations Board, Petitioner, v. Terry Industries, Incorporated, Respondent, 240 F.2d 188 (5th Cir. 1957)Annotate this Case
Louis Schwartz, Atty., N. L. R. B., Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Theophil C. Kammholz, Gen. Counsel, Samuel M. Singer, Atty., National Labor Relations Board, Washington, D. C., for appellant.
James F. Gardner, Dibrell, Gardner & Dotson, San Antonio, Tex., for respondent.
Before RIVES, TUTTLE and BROWN, Circuit Judges.
In a decision reported at 113 N.L.R.B. 907, the Board found that respondent violated Section 8(a) (3) and (1) of the Act, 29 U.S.C.A. § 158(a) (1, 3), by discharging seven named employees for union activity; and further violated Section 8(a) (1) by threats to reduce wages and to close the plant upon unionization, and by conditioning re-employment of the seven dischargees upon their signing a petition repudiating the union.
Respondent's main insistence is that the testimony and inferences therefrom fail to support the findings. A careful review of the testimony, however, has convinced us that the Board's findings are supported by substantial evidence on the record considered as a whole, and that the order should be in all respects enforced. Universal Camera Corp. v. N. L. R. B., 340 U.S. 474, 71 S. Ct. 456, 95 L. Ed. 456.