Legal Opinion

Eastern Engineering & Elevator Co., Inc. v. National Labor Relations Board, Local 5, International Union of Elevator Constructors, Intervenor

Court of Appeals for the Third Circuit

Decided December 22, 1980No. 80-1109PublishedCited by 30 opinions

1Opinion of the Court

OPINION OF THE COURT ALDISERT, Circuit Judge.

This case does not require us to decide a novel legal issue. Rather, the controversy turns on application of the substantial evidence standard to a National Labor Relations Board decision that is based on testimonial evidence rejected as incredible by an administrative law judge. Disagreeing with the facts found by the administrative law judge and reversing his decision, the Board determined that Eastern Engineering & Elevator Co., Inc., discharged Robert Shepherd, a mechanic, because of his protected activity, and thereby violated §§ 8(a)(1) and…

2Cases cited19 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Everson v. Board of Ed. of EwingSupreme Court of the United States · 1947
  3. National Labor Relations Board v. Walton Manufacturing Co.Supreme Court of the United States · 1962
  4. Retail, Wholesale and Department Store Union, Afl-Cio v. National Labor Relations Board, National Labor Relations Board v. Coca Cola Bottling Works, Inc.Court of Appeals for the D.C. Circuit · 1972
  5. Penasquitos Village, Inc., Penasquitos Gardens, Inc., Penasquitos Hills, Inc., and San Diego Leisure Life Village v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1977

14 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Hunter Douglas, Inc. v. National Labor Relations Board, Hunter Douglas, Inc. v. National Labor Relations BoardCourt of Appeals for the Third Circuit · 1986
  2. Department of Health and Mental Hygiene v. ShrievesCourt of Special Appeals of Maryland · 1994
  3. Zenith Radio Corp. v. Matsushita Electric Industrial Co.District Court, E.D. Pennsylvania · 1981
  4. Drexel Burnham Lambert Inc. And David Joe Ragan v. Commodity Futures Trading Commission and Sansom Refining CompanyCourt of Appeals for the D.C. Circuit · 1988
  5. Zeiglers Refuse Collectors, Inc. v. National Labor Relations BoardCourt of Appeals for the Third Circuit · 1981

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