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Stoll Industries v. National Labor Relations Board

UNITED STATES COURT OF APPEALS, SECOND CIRCUIT.


December 3, 1976

STOLL INDUSTRIES, ET AL., PETITIONERS
v.
NATIONAL LABOR RELATIONS BOARD, RESPONDENT.

Before MOORE, ANDERSON and GUREEIN, Circuit Judges.

Per Curiam: Petition by Stoll Industries, Inc. and Melange Sportswear, Inc., to review an Order of the National Labor Relations Board (the "Board") issued on March 15, 1976 223 NLRB No. 11) and a cross-application by the Board for the enforcement of its Order.

The issue here is entirely factual, namely, whether Petitioners, at the time of a contest between two unions, Knitgood Workers Union Local 155, International Ladies' Garment Workers Union, AFL-CIO ("Local 155"), and Local 318, International Brotherhood of Pulp, Sulphite and Paper Mill Workers, AFL-CIO ("Local 318"), violated Section 8(a)(1) of the NLRA by their activities in opposing Local 155 and conversely in supporting Local 318 and, whether by discharging an employee, Nelson Arroyo, they violated Section 8(a)(3) and (1) for his activities in support of Local 155.

The Board found, as did the Administrative Law Judge, that the Petitioners' activities in relation to the contest between Local 155 and and Local 318 and the discharge of Arroyo, violated the aforementioned sections and that said violations were supported by substantial evidence.

A review of the transcript and the testimony of the many witnesses who testified, supports the Board's conclusions. Accordingly, the petition of Stoll Industries, Inc. and Melange Sportswear, Inc. to review the order of the Board is Denied; and the application of the Board for the enforcement thereof is Granted.

19761203

© 1998 VersusLaw Inc.



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