Milton Perel, Ruth S. Perel, J. Plotkin & Shirley P. Plotkin, D/B/A Richmond Lumber & Bldg. Supply Co. v. Nat'l Labor Relations Bd., 373 F.2d 736 (4th Cir. 1967). · Go Syfert
Milton Perel, Ruth S. Perel, J. Plotkin & Shirley P. Plotkin, D/B/A Richmond Lumber & Bldg. Supply Co. v. Nat'l Labor Relations Bd., 373 F.2d 736 (4th Cir. 1967). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, last quoted 1980 · …in regard to hire or tenure of employment or any term or condition of employment at p. 737 ⚠ not in text
7 citation events (1 in the last 25 years) across 1 distinct court.
Strongest positive: Mashuda Corp. v. National Labor Relations Board (ca4, 2005-04-20)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Mashuda Corp. v. National Labor Relations Board
4th Cir. · 2005 · confidence medium
“Motive may be demonstrated by circumstantial as well as direct evidence and is a factual issue ‘which the expertise of the Board is peculiarly suited to determine.’ ” FPC Holdings, 64 F.3d at 942 (citations omitted) (quoting Perel v. NLRB, 373 F.2d 736, 737 (4th Cir.1967)).
discussed Cited as authority (rule) Fpc Holdings, Incorporated, D/B/A Fiber Products v. National Labor Relations Board, National Labor Relations Board v. Fpc Holdings, Incorporated, D/B/A Fiber Products
4th Cir. · 1995 · confidence medium
Motive may be demonstrated by circumstantial as well as direct evidence, NLRB v. Low Kit Mining Co., 3 F.3d 720, 728 (4th Cir.1993), and is a factual issue "which the expertise of the Board is peculiarly suited to determine," Perel v. NLRB, 373 F.2d 736, 737 (4th Cir.1967). 2. 21 With these standards in mind, we turn first to the ALJ's finding that FPC reprimanded DeCarlo and Zeback in retaliation for discussing labor grievances at the meeting at Bob's Big Boy Restaurant and at other meetings.
discussed Cited as authority (rule) FPC Holdings, Inc. v. National Labor Relations Board
4th Cir. · 1995 · confidence medium
Motive may be demonstrated by circumstantial as well as direct evidence, NLRB v. Low Kit Mining Co., 3 F.3d 720, 728 (4th Cir.1993), and is a factual issue “which the expertise of the Board is peculiarly suited to determine,” Perel v. NLRB, 373 F.2d 736, 737 (4th Cir.1967). 2.
cited Cited as authority (rule) J. P. Stevens & Co. v. National Labor Relations Board
4th Cir. · 1980 · confidence medium
Perel v. NLRB, 373 F.2d 736, 737 (4th Cir. 1967).
discussed Cited "see" NLRB v. Grand Canyon Mining
4th Cir. · 1997 · signal: see · confidence high
See Perel v. NLRB, 373 F.2d 736, 737 (4th Cir. 1967) (holding that the employees' evidence balanced against the employer's nondiscriminatory reasons raised "a question 13 of fact as to the real motive for the discharges which the expertise of the Board is peculiarly suited to determine, and where its findings are supported by both direct and circumstantial evidence, this court should not substitute its judgment for that of the Board").
discussed Cited "see" National Labor Relations Board v. Grand Canyon Mining Company, Grand Canyon Mining Company v. National Labor Relations Board
4th Cir. · 1997 · signal: see · confidence high
See Perel v. NLRB, 373 F.2d 736, 737 (4th Cir.1967) (holding that the employees’ evidence balanced against the employer’s nondiscriminatory reasons raised “a question of fact as to the real motive for the discharges which the expertise of the Board is peculiarly suited to determine, and where its findings are supported by both direct and circumstantial evidence, this court should not substitute its judgment for that of the Board”).
Retrieving the full opinion text from the archive…
Milton PEREL, Ruth S. Perel, J. Plotkin and Shirley P. Plotkin, D/B/A Richmond Lumber and Building Supply Company, Petitioners,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent
10701_1.
Court of Appeals for the Fourth Circuit.
Feb 10, 1967.
373 F.2d 736
Francis V. Lowden, Jr., Richmond, Va. (Paul M. Thompson, Alexander W. Neal, Jr., McGuire, Woods & Battle, and Hun-ton, Williams, Gay, Powell & Gibson, Richmond, Va., on brief), for petitioner., Marsha E. Swiss, Atty., N. L. R. B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Warren M. Davison, Atty., N. L. R. B., on brief), for respondent.
Bryan, Bell, Craven.
Cited by 7 opinions  |  Published
PER CURIAM.

This matter is before us upon a petition to deny enforcement of an order of the National Labor Relations Board and a cross petition to enforce. The Board upon review adopted the trial examiner’s findings that the petitioner had improperly discharged two of its employees in violation of section 8(a) (3) and (1) of the National Labor Relations Act (29 U.S.C. § 151 et seq. (1964)) because of union activity and not for the reasons advanced by the employer. We have examined the record and we find[*737] substantial evidence to support the Board’s findings, though we readily concede that the discharged employees were not without fault. The petitioner’s opposition to the organization of its employees; its knowledge of the organizational activity of the discharges; and the timing of the discharges when balanced against the reasons advanced by the employer raise a question of fact as to the real motive for the discharges which the expertise of the Board is peculiarly suited to determine, and where its findings are supported by both direct and circumstantial evidence, this court should not substitute its judgment for that of the Board. NLRB v. Associated Naval Architects, Inc., 355 F.2d 788 (4 Cir. 1966); NLRB v. Lester Bros., Inc., 337 F.2d 706 (4 Cir. 1964).

The order of the Board will be enforced.

Enforced.