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National Labor Rel. Board v. Volney Felt Mills

Circuit Court of Appeals, Second Circuit
Jun 2, 1947
162 F.2d 204 (2d Cir. 1947)

Opinion

No. 271, Docket 20507.

June 2, 1947.

Proceeding by the National Labor Relations Board against Volney Felt Mills, Inc., for the enforcement of an order against Volney Felt Mills, Inc.

Enforcement order granted.

Francis X. Helgesen, of Buffalo, N.Y., for petitioner.

John E. Lynch, of Syracuse, N.Y., for respondent.

Before L. HAND, CHASE, and CLARK, Circuit Judges.


The only evidence of the examiner's bias which the respondent offers is his putative declaration to its vice-president, after all the testimony had been taken. One, Tony Cincotta, the respondent's plant superintendent, had been one of its most important witnesses, and had denied the statements which the respondent's employees charged against him, and which were a large factor in the Board's conclusion that they had been improperly discharged. The examiner had said: "Tony was a good witness. While he got a little confused and had difficulty in expressing himself, it was very evident that he was telling the truth." When the examiner came to file his report he refused to credit Cincotta's denials of the statements which had been imputed to him.

The words attributed to the examiner — which arguendo we assume that he uttered — show affirmatively that, at any rate at that time, he was impartial and his change of mind, during the seven weeks that intervened before he filed his report, must be ascribed to one of two possible sources: an impartial study of the testimony as a whole; some improper intervening influence. It seems hardly necessary to labor the argument that such a shift in conclusion is not an adequate basis for refusing the first explanation, and adopting the second. Indeed, we should live in much trepidation, if such a standard of consistency during all stages of our deliberations were demanded of us personally.

Enforcement order granted.


Summaries of

National Labor Rel. Board v. Volney Felt Mills

Circuit Court of Appeals, Second Circuit
Jun 2, 1947
162 F.2d 204 (2d Cir. 1947)
Case details for

National Labor Rel. Board v. Volney Felt Mills

Case Details

Full title:NATIONAL LABOR RELATIONS BOARD v. VOLNEY FELT MILLS, Inc

Court:Circuit Court of Appeals, Second Circuit

Date published: Jun 2, 1947

Citations

162 F.2d 204 (2d Cir. 1947)

Citing Cases

Colonie Fibre Co. v. National Labor Rel. Board

Apparently we have enforced such orders in the past as a matter of course. Compare N.L.R.B. v. Volney Felt…