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Administrative Law Keyed to Cass
Universal Camera Corp. v. National Labor Relations Board
Citation:
340 U.S. 474 (1951)Facts
Universal Camera Corporation was ordered by the National Labor Relations Board to reinstate an employee with back pay after the Board found the employee had been discharged because he gave testimony under the Wagner Act. The trial examiner who heard the case initially made findings, but the Board rejected portions of the examiner’s report and reached different factual conclusions. The company’s witnesses gave inconsistent testimony, and there was evidence that a company officer who discharged the employee had been influenced against him because of his appearance at a Board hearing. The Court of Appeals for the Second Circuit enforced the Board’s order, with Judge Swan dissenting. The appellate court held it was bound by the Board’s rejection of the examiner’s findings and could not consider the examiner’s report as a factor in reviewing whether substantial evidence supported the Board’s decision.
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