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NATIONAL LABOR RELATIONS BOARD, Petitioner, v. PASCHALL TRUCK LINES, INC., Respondent

United States Court of Appeals for the Sixth Circuit1972-10-12No. No. 72-1076
469 F.2d 74

Summary

Holding. The court granted enforcement of the Board's order, but vacated the finding that the company illegally interrogated employees Mott and Payne, as that interrogation was not shown to be coercive or to interfere with employee rights.

The National Labor Relations Board sought enforcement of its order against Paschall Truck Lines, a freight carrier, for violations of federal labor law. The Board found that the company threatened employees with loss of benefits due to union activities, created an impression of surveillance of union organizing, interrogated employees about their union involvement, unlawfully discharged five employees because of their union support, and refused to recognize and bargain with the union. The company's sole challenge was whether these findings rested on substantial evidence in the record.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether threats of benefit loss for union activity violate the National Labor Relations Act
  • Whether creating appearance of surveillance of union activity constitutes illegal interference
  • Whether interrogation of employees about union involvement is unlawful absent coercion
  • Whether discriminatory discharge based on union support violated the Act
  • Whether refusal to recognize and bargain with union violated the Act

Procedural posture

The court reviewed the National Labor Relations Board's enforcement petition to determine whether the Board's factual findings were supported by substantial evidence in the record.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM.

This case is before the Court on an application of the National Labor Relations Board to enforce its order against respondent, Pasehall Truck Lines, Inc., for violations of the National Labor Relations Act, 29 U.S.C. § 151 et seq. The Board substantially adopted the findings of its trial examiner and found that respondent had violated sections 8(a)(1), (3) and (5) of the Act.

The respondent is a common carrier of interstate freight operating a number of terminals including one at Murray, Kentucky, the only installation involved in this proceeding. In February, 1970, several of respondent’s employees began soliciting authorization cards for the Teamsters and Chauffeurs Local Union No. 236, affiliated with The International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. From the respondent’s conduct toward its employees during the months of February, March and the first part of April, the Board found that the respondent violated section 8(a) (1) of the Act by threatening its employees with a loss of benefits because of their union activities, by creating the impression that the employees’ union activities were under surveillance, and by interrogating employees about their union activities. The Board also found that the Company violated section 8(a) (3) of the Act by discriminatorily discharging employees Driver, Overcast, Windsor, Stone and Payne because of their union pursuits. Further, the Board found that section 8(a)(5) of the Act was violated by the respondent’s refusal to recognize and bargain with the Union. [190 NLRB No. 108 (1970)].

The only issue presented in this case is a factual one; whether each alleged violation is supported by substantial evidence on the record as a whole. 29 U.S.C. § 160(e). The Supreme Court has defined “substantial evidence” as “more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Consolidated Edison Co. of New York v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 217, 83 L.Ed. 126 (1938). “[I]t must be enough to justify, if the trial were to a jury, a refusal to direct a verdict when the conclusion sought to be drawn from it is one of fact for the jury.” NLRB v. Columbian Enameling & Stamping Co., 306 U.S. 292, 300, 59 S.Ct. 501, 505, 83 L. Ed. 660 (1939). “This is something less than the weight of the evidence, and the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency’s finding from being supported by substantial evidence.” Consolo v. Federal Maritime Commission, 383 U.S. 607, 620, 86 S.Ct. 1018, 1026, 16 L.Ed.2d 131 (1966); Universal Camera Corp. v. NLRB, 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1951). In reviewing the credibility findings and the inferences drawn by the Board from the evidence, the test for a reviewing court is whether the conclusions are reasonable in light of the proven facts. Thus, this Court may not substitute its judgment on the question whether the inference drawn is the correct one or whether a different inference would be better supported, but is limited to the determination of reasonableness — not rightness. NLRB v. Nevada Consolidated Copper Corp., 316 U.S. 105, 106, 62 S.Ct. 960, 86 L.Ed. 1305 (1942); Radio Officers’ Union v. NLRB, 347 U.S. 17, 48-50, 74 S.Ct. 323, 98 L.Ed. 455 (1954).

After reviewing the whole record we cannot say that the Board’s findings, with one exception, are unreasonable, although we would have reached a contrary conclusion in each instance if the choice were ours. We find the Board’s conclusion that section 8(a)(1) of the Act was violated by the two incidents of respondent’s interrogation of employees Mott and Payne is not supported by substantial evidence. Interrogation of employees is not per se unlawful. NLRB v. Dale Industries, Inc., 355 F.2d 851 (6th Cir. 1966). To be unlawful, interrogation must be coercive and interfere with or restrain the employees and the burden of proof rests upon General Counsel to prove that the interrogation violated the Act. Hughes & Hatcher, Inc. v. NLRB, 393 F.2d 557 (6th Cir. 1968). This is not shown in the present case.

The enforcement of the Board’s order is granted except as to the finding of illegal interrogation.