Legal Opinion · Dissent
Johns-Manville Products Corporation, Petitioner-Cross v. National Labor Relations Board, Respondent-Cross
Court of Appeals for the Fifth Circuit
Decided October 26, 1977No. 76-2444Published
1DissentWisdom, Circuit Judge
I must respectfully dissent.
The Court today infers that an in-plant strike occurred at the Johns-Manville paper plant in New Orleans despite contrary factual conclusions by the administrative law judge and the National Labor Relations Board.1 As I read the record, substantial evidence does support the Board’s conclusion that the company violated sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act. Here, the company could not identify a single worker who participated in the alleged strike and could not even determine with reasonable definiteness when the strike occurred. With…
2Cases cited25 opinions
- National Labor Relations Board v. MacKay Radio & Telegraph Co.Supreme Court of the United States · 1938
- National Labor Relations Board v. BrownSupreme Court of the United States · 1965
- Lodge 76, International Ass'n of MacHinists & Aerospace Workers v. Wisconsin Employment Relations CommissionSupreme Court of the United States · 1976
- National Labor Relations Board v. Erie Resistor Corp.Supreme Court of the United States · 1963
- American Ship Building Co. v. National Labor Relations BoardSupreme Court of the United States · 1965
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