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Administrative Law Keyed to Popper
Universal Camera Corp. v. National Labor Relations Board
Citation:
340 U.S. 474 (1951)Facts
Universal Camera Corporation was charged with unfair labor practices for discharging an employee who had testified at an NLRB hearing. The trial examiner who conducted the initial hearing made findings that conflicted with the Board’s ultimate decision. The Board found that the employee had been discharged because of his testimony at a Board hearing, constituting an unfair labor practice under the Wagner Act, and ordered reinstatement with back pay. The Court of Appeals enforced the Board’s order but deemed itself unable to consider the examiner’s contrary findings as a factor in its review. The case raised important questions about the scope of judicial review under the Administrative Procedure Act and the Taft-Hartley Act, both of which required courts to review the “whole record” to determine if substantial evidence supported the agency’s findings.
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