NLRB v. Universal Camera Corp. (I)
United States Court of Appeals for the Second Circuit
179 F.2d 749 (1950)
An employee named Chairman testified before the National Labor Relations Board (NLRB) (plaintiff), arguing for the establishment of a separate collective-bargaining unit within Universal Camera Corporation (Universal) (defendant). Universal opposed the establishment of the unit. Approximately two months after the testimony, Universal fired Chairman. The NLRB brought a proceeding against Universal to investigate whether Chairman’s termination was in retaliation against his testimony. The case went to a hearing before an NLRB trial examiner. The examiner believed the testimony of Politzer, a witness for Universal, and found in favor of Universal. The examiner recommended that the NLRB dismiss the complaint and issued a report finding that Universal had not discharged Chairman in retaliation for his testimony. The NLRB rejected the examiner’s report, finding that Politzer’s testimony was not credible. The NLRB ordered Universal to reinstate Chairman with back pay. Universal appealed.
Rule of Law
Holding and Reasoning (Hand, C.J.)
Dissent (Swan, J.)
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