Explaining that the deferential standard of review is appropriate because the "[the ALJ] ... sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records"
In International Ass'n of Machinists v. N.L.R.B., 1940, 311 U.S. 72, 61 S.Ct. 83, 85 L. Ed. 50, there had been a long history of management favoritism to the established and hostility to the aspiring union; and in Franks Bros. Co. v. N.L.R.B., 1944, 321 U.S. 702, 703, 64 S.Ct. 817, 818, 88 L.Ed. 1020, the employer had "conducted an aggressive campaign against the Union, even to the extent of threatening to close its factory if the union won the election."
In National Labor Relations Board v. Pennsylvania Greyhound Lines, Inc., 303 U.S. 261, 58 S.Ct. 571, 572, 82 L.Ed. 831, 115 A.L.R. 307, three related corporations were involved. The two respondents claimed that the third corporation was the `employer'.
Holding that witness demeanor may persuade a jury to "assume the truth of what he denied," but a court cannot allow a case to go to the jury on such evidence
C.A.2d Circuit. No. 743. June 6, 1955. Arthur H. Dean and Howard T. Milman for petitioners. Eugene Eisenmann and William E. Haudek for respondents. Reported below: 219 F.2d 173. Certiorari denied.
In National Container Corp. the Second Circuit, applying the Board rules, held that an employer had interfered with the employees' organizational rights and given the incumbent union unlawful support by entering into a collective bargaining agreement following the incumbent's victory in a Board election, but at a time when the rival union's objections to the election were still pending before the National Labor Relations Board.
In Intalco Aluminum Corp. v. N.L.R.B., 417 F.2d 36 (9th Cir. 1969) we rejected an order of dues reimbursement where "there [was] no suggestion of company domination of the union or evidence of any act of coercion of the employees, except through the contract provisions for dues check-off."