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Kimble Glass Company v. Natl. Labor Rel. Board

United States Court of Appeals, Sixth Circuit
Feb 29, 1956
230 F.2d 484 (6th Cir. 1956)

Opinion

No. 12680.

February 29, 1956.

James M. Guiher, Steptoe Johnson, Clarksburg, W. Va., C.W. Neuhaus, Fred E. Fuller, Toledo, Ohio, for petitioner.

Marcel Mallet-Prevost, Louis Schwartz, Washington, D.C., for respondent.

Before MARTIN, MILLER and STEWART, Circuit Judges.


This case, involving a petition to review and set aside an order of the National Labor Relations Board and the Board's cross-petition for enforcement, was heard on the briefs, record and oral argument of counsel. The Board, upon undisputed evidentiary facts, found that petitioner's prohibition of the wearing of union badges by its employees was not justified by exceptional circumstances. See Republic Aviation Corp. v. N.L.R.B., 1945, 324 U.S. 793, 65 S.Ct. 982, 89 L.Ed. 1372; Boeing Airplane Co. v. N.L.R.B., 9 Cir., 1954, 217 F.2d 369, especially 374-375. While this court might not have so found, there is, viewing the record as a whole, substantial evidence to support the Board's finding. Cf. N.L.R.B. v. Hudson Motor Car Co., 6 Cir., 1942, 128 F.2d 528. The Board's order, in the usual form, was a reasonable exercise of its powers. See N.L.R.B. v. Mackay Radio Tel. Co., 1938, 304 U.S. 333, 348, 58 S.Ct. 904, 82 L.Ed. 1381.

It Is Ordered that the Board's order be and it hereby is enforced.


Summaries of

Kimble Glass Company v. Natl. Labor Rel. Board

United States Court of Appeals, Sixth Circuit
Feb 29, 1956
230 F.2d 484 (6th Cir. 1956)
Case details for

Kimble Glass Company v. Natl. Labor Rel. Board

Case Details

Full title:KIMBLE GLASS COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD…

Court:United States Court of Appeals, Sixth Circuit

Date published: Feb 29, 1956

Citations

230 F.2d 484 (6th Cir. 1956)

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