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Administrative Law Keyed to Cass
National Labor Relations Board v. Universal Camera Corp. (II)
Citation:
190 F.2d 429 (1951)Facts
Chairman was an employee of Universal Camera Corp. who testified before the NLRB in November 1943. In late December 1943, Chairman had a quarrel with his supervisor Weintraub. On January 24, 1944, Chairman was discharged. The NLRB alleged this discharge was in retaliation for Chairman’s testimony before the Board. The hearing examiner found that Politzer had told Weintraub that Chairman was going to resign, and that Weintraub’s delay in complaining to Kende about Chairman was because he was waiting for Chairman to resign. The examiner concluded that Chairman’s discharge was not motivated by his prior testimony but rather by Weintraub’s legitimate complaint about their December quarrel. The examiner specifically found he was “not persuaded that Kende based his decision upon any animus against Chairman for testifying rather than on an evaluation of Weintraub’s request based upon the merits.” The Board rejected these findings and concluded that a conspiracy existed between Kende and Weintraub to discharge Chairman in retaliation for his testimony.
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