Legal Opinion

Robert T. Ewing v. National Labor Relations Board

Court of Appeals for the Second Circuit

Decided April 17, 1984No. 813, Docket 83-4183PublishedCited by 16 opinions

1Opinion of the Court

IRVING R. KAUFMAN, Circuit Judge:

It is the task of trial judges to separate factual wheat from evidentiary chaff, and appellate courts must accord great deference to these determinations. The temptation to displace the trial court’s judgments with our own is often strong, but the integrity of the decision-making process requires that we do so only in cases of clear error. Fed.R.Civ.P. 52(a). The same policies apply in the administrative context when decisions of the finder of fact are brought under review.

In this case, the National Labor Relations Board appears to have disregarded this…

2Cases cited4 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. National Labor Relations Board v. Interboro Contractors, Inc.Court of Appeals for the Second Circuit · 1967
  3. Bobby Nick Ward v. National Labor Relations Board, and Everett Construction Company, Inc., IntervenorsCourt of Appeals for the Fifth Circuit · 1972
  4. National Labor Relations Board v. Donald E. Hernly, Inc.Court of Appeals for the Second Circuit · 1980

3Cited by16 opinions

  1. Yellow Freight Systems, Inc. v. Robert B. Reich, Secretary of Labor, and John A. ThomCourt of Appeals for the Second Circuit · 1994
  2. Robert T. Ewing v. National Labor Relations Board, Herbert F. Darling, Inc., IntervenorCourt of Appeals for the Second Circuit · 1988
  3. Silverman v. J.R.L. Food Corp.Court of Appeals for the Second Circuit · 1999
  4. Local 259, United Automobile, Aerospace and Agricultural Implement Workers of America v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 1985
  5. Mobil Exploration & Producing U.S., Inc. v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1999

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