At page 76 Determining reasonableness of agency findings from evidence20 citing cases“in reviewing the credibility findings and the inferences drawn by the board from the evidence, the test for a reviewing court is whether the conclusions are reasonable in light of the proven facts.”
- Quickway Transp., Inc. v. NLRB, 117 F.4th 789 (6th Cir. 2024).publishedSee NLRB v. Homemaker Shops, Inc., 724 F.2d 535, 548 (6th Cir. 1984); NLRB v. Paschall Truck Lines, Inc., 469 F.2d 74, 76 (6th Cir. 1972) (per curiam).
- Nat'l Labor Relations Bd., Petitioner/cross-Respondent v. St. Francis Healthcare Centre, Respondent/cross-Petitioner, 212 F.3d 945 (6th Cir. 2000).published We recognize that our review of the Board's inferences from the factual evidence "'is limited to the determination of reasonableness--not rightness.'" NLRB v. Kentucky May Coal Co., 89 F.3d 1235, 1242 (6th Cir. 1996) (quoting NLRB v. Pasch…
- NLRB v. St. Francis Health, No. 98-6401 (6th Cir. May 19, 2000).publishedIt recognize that our review of the Board’s inferences from the is the Board’s position that the employees could recognize the factual evidence “‘is limited to the determination of Biddle letter as Union propaganda given the letter’s conte…
- Nat'l Labor Relations Bd. v. Gen. Sec. Servs. Corp., 162 F.3d 437 (6th Cir. 1998).published This court has observed that “[i]n reviewing the credibility findings and the inferences drawn by the Board from the evidence, the test for a reviewing court is whether the conclusions are reasonable in light of the proven facts.” N.L.R.B.…
- Clock Elec., Inc. v. Nat'l Labor Relations Bd., 162 F.3d 907 (6th Cir. 1998).publishedThis court has observed that “[i]n reviewing the credibility findings and the inferences drawn by the Board from the evidence, the test for a reviewing court is whether the conclusions are reasonable in light of the proven facts.” N.L.R.B.…
- Clock Elec., Inc. v. Nat'l Labor Relations Bd., 162 F.3d 907 (6th Cir. 1998).publishedThis court has observed that "[i]n reviewing the credibility findings and the inferences drawn by the Board from the evidence, the test for a reviewing court is whether the conclusions are reasonable in light of the proven facts." N.L.R.B.…
- Apx Int'l, Formerly Aero Detroit, Inc., (96-6271 97-5954) v. Nat'l Labor Relations Bd., Respondent/cross-Petitioner (96-6520 97-5993), Int'l Union, United Auto., Aerospace & Agric. Implement Workers of Am. (Uaw), Intervenor. Int'l Union, United Auto., Aerospace & Agric. Implement Workers of Am. (Uaw), (96-6420), Apx Int'l, Formerly Aero Detroit, Inc., Intervenor v. Nat'l Labor Relations Bd., 144 F.3d 995 (6th Cir. 1998).publishedWe "may not substitute [our] judgment on the question of whether the inference drawn is the correct one or whether a different inference would be better supported; rather, this court is limited to the determination of reasonableness--not r…
- APX Int'l v. Nat'l Labor Relations Bd., 144 F.3d 995 (6th Cir. 1998).publishedWe “may not substitute [our] judgment on the question of whether the inference drawn is the correct one or whether a different inference would be better supported; rather, this court is limited to the determination of reasonableness—not ri…
- Nat'l Labor Relations Bd. v. Kentucky May Coal Co., Inc., 89 F.3d 1235 (6th Cir. 1996).publishedThus, this court may not substitute its judgment on the question of whether the inference drawn is the correct one or whether a different inference would be better supported; rather, this court is limited to the determination of reasonable…
- Nat'l Labor Relations Bd., Petitioner/cross-Respondent v. Tecmec Inc., D/b/a/ T.M.I., Respondent/cross-Petitioner, 992 F.2d 1217 (6th Cir. 1993).unpublishedAs this court explained in N.L.R.B. v. Paschall Truck Lines, 469 F.2d 74, 76 (6th Cir.1972): 17 In reviewing the credibility findings and inferences drawn by the Board from the evidence, the test for a reviewing court is whether the conclu…
Show 10 more citing cases
- Nat'l Labor Relations Bd. v. Hovey Elec., Inc., 964 F.2d 543 (6th Cir. 1992).publishedNLRB v. Paschall Truck Lines, 469 F.2d 74, 76 (6th Cir.1972).
- Birch Run Welding & Fabricating, Inc. v. Nat'l Labor Relations Bd., 761 F.2d 1175 (6th Cir. 1985).publishedSee Radio Officers’ Union v. N.L.R.B., 347 U.S. 17, 49 , 74 S.Ct. 323, 340 , 98 L.Ed. 455 (1954); N.L.R.B. v. Paschall Truck Lines, Inc., 469 F.2d 74, 76 (6th Cir.1972).
- Hickman Harbor Serv. v. Nat'l Labor Relations Bd., 739 F.2d 214 (6th Cir. 1984).publishedNLRB v. Paschall Truck Lines, Inc., 469 F.2d 74, 76 (6th Cir.1972); see also Local Union No. 948, IBEW, et al. v. NLRB, 697 F.2d 113, 117 (6th Cir.1982); NLRB v. Comgeneral Corp., 684 F.2d 367, 369 (6th Cir.1982).
- Hickman Harbor Serv. v. Nat'l Labor Relations Bd., 739 F.2d 214 (6th Cir. 1984).publishedNLRB v. Paschall Truck Lines, Inc., 469 F.2d 74, 76 (6th Cir.1972); see also Local Union No. 948, IBEW, et al. v. NLRB, 697 F.2d 113, 117 (6th Cir.1982); NLRB v. Comgeneral Corp., 684 F.2d 367, 369 (6th Cir.1982).
- Jim Causley Pontiac v. Nat'l Labor Relations Bd., 722 F.2d 322 (6th Cir. 1983).published NLRB v. Paschall Truck Lines, Inc., 469 F.2d 74, 76 (6th Cir.1972).
- Local Union No. 948, Int'l Bhd. of Elec. Workers, (Ibew), Afl-Cio v. Nat'l Labor Relations Bd., 697 F.2d 113 (6th Cir. 1982).published NLRB v. Com General Corp., 684 F.2d 367 (6th Cir.1982) ("Reviewing the credibility findings and inferences drawn by the Board from the evidence, the test is whether the Board's conclusions are reasonable in light of the proven facts"); NLR…
- Charge Card Ass'n v. Nat'l Labor Relations Bd., 653 F.2d 272 (6th Cir. 1981).publishedB. v. Paschall Truck Lines, Inc., 469 F.2d 74, 76 (6th Cir. 1972); Hughes & Hatcher, Inc. v. N. L.
- Nat'l Labor Relations Bd. v. G & S Metal Prods. Co., Inc., 489 F.2d 441 (6th Cir. 1973).publishedAs we recently stated, “in reviewing the credibility findings and the inferences drawn by the Board from the evidence, the test for a reviewing court is whether the conclusions are reasonable in light of the proven facts.” N.L.R.B. v. Pasc…
- Krispy Kreme Doughnut Corp. v. Nat'l Labor Relations Bd., 732 F.2d 1288 (6th Cir. 1984).publishedSee N.L.R.B. v. Paschall Truck Lines, 469 F.2d 74, 76 (6th Cir.1972); N.L.R.B. v. Universal Packaging Corp., 361 F.2d 384, 388 (1st Cir.1966).
- Krispy Kreme Doughnut Corp. v. Nat'l Labor Relations Bd., 732 F.2d 1288 (6th Cir. 1984).publishedSee N.L.R.B. v. Paschall Truck Lines, 469 F.2d 74, 76 (6th Cir.1972); N.L.R.B. v. Universal Packaging Corp., 361 F.2d 384, 388 (1st Cir.1966).
v.
PASCHALL TRUCK LINES, INC., Respondent
This case is before the Court on an application of the National Labor Relations Board to enforce its order against respondent, Pasehall Truck Lines, Inc., for violations of the National Labor Relations Act, 29 U.S.C. § 151 et seq. The Board substantially adopted the findings of its trial examiner and found that respondent had violated sections 8(a)(1), (3) and (5) of the Act.
The respondent is a common carrier of interstate freight operating a number of terminals including one at Murray, Kentucky, the only installation involved in this proceeding. In February, 1970, several of respondent’s employees began soliciting authorization cards for the Teamsters and Chauffeurs Local Union No. 236, affiliated with The International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America. From the respondent’s conduct toward its employees during the months of February, March and the first part of April, the Board found that the respondent violated section 8(a) (1) of the Act by threatening its employees with a loss of benefits because of their union activities, by creating the impression that the employees’ union activities were under surveillance, and by interrogating employees about their union activities. The Board also found that the Company violated section 8(a) (3) of the Act by discriminatorily discharging employees Driver, Overcast, Windsor, Stone and Payne because of their union pursuits. Further, the Board found that section 8(a)(5) of the Act was violated by the respondent’s refusal to recognize and bargain with the Union. [190 NLRB No. 108 (1970)].
The only issue presented in this case is a factual one; whether each[*76] alleged violation is supported by substantial evidence on the record as a whole. 29 U.S.C. § 160(e). The Supreme Court has defined “substantial evidence” as “more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Consolidated Edison Co. of New York v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 217, 83 L.Ed. 126 (1938). “[I]t must be enough to justify, if the trial were to a jury, a refusal to direct a verdict when the conclusion sought to be drawn from it is one of fact for the jury.” NLRB v. Columbian Enameling & Stamping Co., 306 U.S. 292, 300, 59 S.Ct. 501, 505, 83 L. Ed. 660 (1939). “This is something less than the weight of the evidence, and the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency’s finding from being supported by substantial evidence.” Consolo v. Federal Maritime Commission, 383 U.S. 607, 620, 86 S.Ct. 1018, 1026, 16 L.Ed.2d 131 (1966); Universal Camera Corp. v. NLRB, 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1951). In reviewing the credibility findings and the inferences drawn by the Board from the evidence, the test for a reviewing court is whether the conclusions are reasonable in light of the proven facts. Thus, this Court may not substitute its judgment on the question whether the inference drawn is the correct one or whether a different inference would be better supported, but is limited to the determination of reasonableness — not rightness. NLRB v. Nevada Consolidated Copper Corp., 316 U.S. 105, 106, 62 S.Ct. 960, 86 L.Ed. 1305 (1942); Radio Officers’ Union v. NLRB, 347 U.S. 17, 48-50, 74 S.Ct. 323, 98 L.Ed. 455 (1954).
After reviewing the whole record we cannot say that the Board’s findings, with one exception, are unreasonable, although we would have reached a contrary conclusion in each instance if the choice were ours. We find the Board’s conclusion that section 8(a)(1) of the Act was violated by the two incidents of respondent’s interrogation of employees Mott and Payne is not supported by substantial evidence. Interrogation of employees is not per se unlawful. NLRB v. Dale Industries, Inc., 355 F.2d 851 (6th Cir. 1966). To be unlawful, interrogation must be coercive and interfere with or restrain the employees and the burden of proof rests upon General Counsel to prove that the interrogation violated the Act. Hughes & Hatcher, Inc. v. NLRB, 393 F.2d 557 (6th Cir. 1968). This is not shown in the present case.
The enforcement of the Board’s order is granted except as to the finding of illegal interrogation.