Legal Opinion · Dissent

Mueller Brass Company, a Subsidiary of U. v. Industries, Inc., Petitioner-Cross v. National Labor Relations Board, Respondents-Cross

Court of Appeals for the Fifth Circuit

Decided January 3, 1977No. 75-3761Published

1DissentGodbold, Circuit Judge

The majority opinion departs from our proper role in reviewing NLRB orders and from the standards that guide us in this role.(1) The discharge of Stone

The majority opinion is neither more nor less than a retrial of this aspect of the case.

Stone had a prior record of absenteeism and was warned about it. From April 25 to May 4 he was hospitalized. He did not report for work, and the company was told *822that he was being seen around town. Thereafter it received three notes from Stone’s doctor. The first note, received May 9, stated that Stone should have been able to return to work May 6. That same…

2Cases cited10 opinions

  1. National Labor Relations Board v. Camco, IncorporatedCourt of Appeals for the Fifth Circuit · 1965
  2. Frosty Morn Meats, Inc. v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1961
  3. National Labor Relations Board v. Mueller Brass Co., a Subsidiary of U v. Industries, Inc.Court of Appeals for the Fifth Circuit · 1975
  4. National Labor Relations Board v. Georgia Rug MillCourt of Appeals for the Fifth Circuit · 1962
  5. National Labor Relations Board v. Standard Forge and Axle Company, Inc.Court of Appeals for the Fifth Circuit · 1969

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