LABOR LAW - SUBSTANTIAL EVIDENCE TO SUPPORT THE FACT FINDINGS OF THE NATIONAL LABOR RELATIONS BOARD

Three employees of respondent company, members of a union, were discharged. They had attended an organization meeting of the union two days previous to their discharge. Two hundred of the company\u27s fifteen hundred employees attended, of whom eighteen, including these three, stayed when asked to join. The alleged reasons of the company for the discharge of these men were that one took a fifty-cent lamp at a company banquet a month previously, that another destroyed raw material through faulty adjustment of his machine, and that the third openly expressed resentment because not promoted. As against this, the evidence showed that all the men had good service records, that one had been with the company for a long time, that other things had been taken at company banquets with no one being punished and that the man who operated the faulty machine was not responsible for the condition of his machine. The National Labor Relations Board ordered the men reinstated. Held, that there was no substantial evidence to sustain the board\u27s finding that the men were discharged because of union activities. National Labor Relations Board v. Thompson Products, (C. C. A. 6th, 1938) 97 F. (2d) 13