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Administrative Law Keyed to Asimow
Universal Camera Corp. v. National Labor Relations Board
Citation:
340 U.S. 474 (1951)Facts
Universal Camera Corporation was charged with violating the National Labor Relations Act by discharging an employee, Chairman Mullin, allegedly because he had testified at a previous NLRB proceeding. The trial examiner who conducted the hearing concluded that the evidence did not support this charge and recommended dismissal. The NLRB, however, rejected the examiner’s findings and concluded that the discharge was indeed motivated by the employee’s testimony at the prior proceeding. The Board ordered Universal Camera to reinstate the employee with back pay and to cease and desist from discriminating against employees who file charges or give testimony under the Act. The Court of Appeals for the Second Circuit granted enforcement of the Board’s order, holding that it was not required to take into account the examiner’s findings that had been rejected by the Board. The court considered itself bound by the Board’s factual determinations if they were supported by substantial evidence, regardless of the examiner’s contrary conclusions.
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