Continental Can Company, Inc. v. National Labor Relations Board

This litigation is before us for the second time. In its first appearance here review was sought of the Board’s order dismissing an unfair labor practice complaint based upon the then petitioner’s charges that he and several other employees had been wrongfully discharged by the employer, the present petitioner. After the original hearing, the Trial Examiner concluded that the discharges involved were discriminatorily motivated. Those evidentiary findings were adopted by the Board but the latter concluded that the employees were discharged for fighting. The Board therefore dismissed the…