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NLRB v. Universal Camera Corp. - 179 F.2d 749 (2d Cir. 1950)

Rule:

Section 10(e), 29 U.S.C.S. § 160(e) reads that the findings shall be conclusive if supported by substantial evidence on the record considered as a whole.

Facts:

A hearing examiner found that respondent Universal Camera Corporation (Camera) discharged its employee over a disagreement with a supervisor. But, petitioner National Labor Relations Board (NLRB) disagreed, concluding that Camera had discharged the employee for giving testimony, which was hostile to Camera at a hearing before the NLRB. Because the employee was statutorily protected from discharge for such reason, the NLRB ordered the employee's reinstatement.

Issue:

Should the order of The National Labor Relations Board regarding the reinstatement of the employee be enforced?

Answer:

Yes.

Conclusion:

The Court of Appeals for the Second Circuit held that the order of petitioner NLRB, which required reinstatement of an employee of respondent Camera, be enforced because the evidence was sufficient to supported the NLRB's finding that the employee was discharged for giving testimony hostile to Camera, and the employee was statutorily protected from being discharged for such reason.

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