Nat'l Labor Relations Bd. v. Ridgeway Trucking Co., 622 F.2d 1222 (5th Cir. 1980). · Go Syfert
Nat'l Labor Relations Bd. v. Ridgeway Trucking Co., 622 F.2d 1222 (5th Cir. 1980). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, 2012–2016 · …if they did not leave the premises, he would have to call the authorities. ✓
40 citation events (14 in the last 25 years) across 10 distinct courts.
Strongest positive: Griffith v. Nicholas Financial, Inc. (alnd, 2016-09-30)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Griffith v. Nicholas Financial, Inc. (2×) also: Cited "see"
N.D. Ala. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
the evidence demonstrates that the employees considered themselves discharged. their requests for paychecks and for removal of their belongings from the trucks indicate that the employees were under the impression that their services were no longer required by ridgeway.
cited Cited as authority (rule) Su v. Jesse's Cleaning Service, LLC
N.D. Miss. · 2024 · confidence medium
Fla. 2015) (citing NLRB v. Ridgeway Trucking Co., 622 F.2d 1222, 1224 (5th Cir. 1980)).
discussed Cited as authority (rule) Keller v. City of Tallahassee
N.D. Fla. · 2015 · confidence medium
The test of whether an employee was discharged depends upon the reasonable inferences that the employee[ ] could draw from the language used by the employer.” N.L.R.B. v. Ridgeway Trucking Co., 622 F.2d 1222, 1224 (5th Cir.1980). 5 B.
discussed Cited as authority (rule) Andazola v. Logan's Roadhouse, Inc.
N.D. Ala. · 2012 · confidence medium
The test of whether an employee was discharged depends upon the reasonable inference that the employees could draw from the language used by the employer.” Id. at 1224 (emphasis supplied) (citing Liberty Mutual Insurance Co. v. National Labor Relations Board, 592 F.2d 595, 604 (1st Cir.1979); The C.J.
discussed Cited as authority (rule) National Labor Relations Board v. Galicks, Inc.
6th Cir. · 2012 · confidence medium
See, e.g., id. (quoting Pease Co., 666 F.2d at 1047-48); Colson Equip., Inc. v. NLRB, 673 F.2d 221, 223 (8th Cir.1982); NLRB v. Ridgeway Trucking Co., 622 F.2d 1222, 1224 (5th Cir.1980); NLRB v. Colonial Haven Nursing Home, Inc., 542 F.2d 691, 703 (7th Cir.1976).
cited Cited as authority (rule) Erickson v. United States Department of Labor
11th Cir. · 2008 · confidence medium
NLRB v. Ridgeway Tracking Co., 622 F.2d 1222, 1224-25 (5th Cir.1980).
discussed Cited as authority (rule) Florida Agency for Workforce Innovation v. United States Department of Labor
11th Cir. · 2006 · confidence medium
However, “when the Board does not accept the findings of an ALJ, the evidence and findings of the Board must be examined more critically than if the two had been in agreement.” NLRB. v. Ridgeway Trucking Co., 622 F.2d 1222, 1224 (5th Cir.1980) (per curiam). 12 As noted above, the GO has a burden of production to offer prima facie evidence sufficient for a reasonable person to conclude that Florida spent JTPA funds unlawfully.
discussed Cited as authority (rule) Poly-America, Inc. v. National Labor Relations Board
5th Cir. · 2001 · confidence medium
In NLRB v. Ridgeway Trucking Co., 622 F.2d 1222, 1223-24 (5th Cir.1980), we stated that “[t]he test of whether an employee was discharged depends upon the reasonable inferences that the employees could draw from the language used by the employer.” There, we held that the Board properly inferred that employees had been discharged even where there was no evidence that the word “fired” had been used because the employees were told to leave the property, and that if they did not leave the premises, the authorities would be called. *478 See id.; see also NLRB v. Heads & Threads Co., 724 F.2…
discussed Cited as authority (rule) Brooks v. Fonda-Fultonville Central School District
N.D.N.Y. · 1996 · confidence medium
In addition, the “[i]nquiry focuses on the reasonable perceptions of the employee, not on whether formal words of firing were in fact spoken.” Id. (citing NLRB v. Ridgeway Trucking Co., 622 F.2d 1222, 1224 (5th Cir.1980); Trumbull Asphalt, 327 F.2d at 843 ).
discussed Cited as authority (rule) Stella Chertkova v. Connecticut General Life Insurance Co. (2×) also: Cited "see"
2d Cir. · 1996 · confidence medium
Co., 570 F.2d 705, 708 (8th Cir.1978) (whether an employee has been discharged depends on the reasonable inference an employee could draw from what her employer said); NLRB v. Ridgeway Trucking Co., 622 F.2d 1222, 1224 (5th Cir.1980) (same); NLRB v. Hilton Mobile Homes, 387 F.2d 7, 9 (8th Cir.1967) (same); Liberty Mut.
discussed Cited as authority (rule) National Labor Relations Board v. Champ Corporation
9th Cir. · 1991 · confidence medium
“The test of whether an employee has been discharged depends on the reasonable inferences that the employee could draw from the statements or conduct of the employer.” Pennypower Shopping News, Inc. v. NLRB, 726 F.2d 626, 629 (10th Cir.1984) (emphasis in original); accord NLRB v. Downslope Indus., Inc., 676 F.2d 1114, 1118 (6th Cir.1982); NLRB v. Ridgeway Trucking Co., 622 F.2d 1222, 1224 (5th Cir.1980) (per curiam); NLRB v. Trumbull Asphalt Co., 327 F.2d 841, 843 (8th Cir.1964).
discussed Cited as authority (rule) Texas World Service Co., Inc., D/B/A World Service Company, Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner. National Labor Relations Board v. Song Ae Lim D/B/A Lucky Service Co. (2×)
5th Cir. · 1991 · confidence medium
NLRB v. Ridgeway Trucking Co., 622 F.2d 1222, 1224 (5th Cir.1980) (citing Syncro, 597 F.2d at 925 ).
discussed Cited as authority (rule) Texas World Service Co. v. National Labor Relations Board (2×)
5th Cir. · 1991 · confidence medium
NLRB v. Ridgeway Trucking Co., 622 F.2d 1222, 1224 (5th Cir.1980) (citing Syncro, 597 F.2d at 925 ).
discussed Cited as authority (rule) National Labor Relations Board v. Champ Corporation
9th Cir. · 1990 · confidence medium
“The test of whether an employee has been discharged depends on the reasonable inferences that the employee could draw from the statements or conduct of the employer.” Pennypower Shopping News, Inc. v. NLRB, 726 F.2d 626, 629 (10th Cir.1984) (emphasis in original); accord NLRB v. Downslope Indus., Inc., 676 F.2d 1114, 1118 (6th Cir.1982); NLRB v. Ridgeway Trucking Co., 622 F.2d 1222, 1224 (5th Cir.1980) (per curiam); NLRB v. Trumbull Asphalt Co., 327 F.2d 841, 843 (8th Cir.1964).
cited Cited as authority (rule) Equal Employment Opportunity Commission v. White and Son Enterprises, a Corporation
11th Cir. · 1989 · signal: cf. · confidence medium
Cf. N.L.R.B. v. Ridgeway Trucking Co., 622 F.2d 1222, 1224 (5th Cir.1980).
cited Cited as authority (rule) Centre Property Management, a Partnership v. National Labor Relations Board
5th Cir. · 1987 · confidence medium
Berry Schools v. NLRB, 653 F.2d 966, 969 (5th Cir.1981), NLRB v. Ridgeway Trucking Co., 622 F.2d 1222, 1224 (5th Cir.1980), Syncro Corp. v. NLRB, 597 F.2d 922, 924-25 (5th Cir.1979).
discussed Cited as authority (rule) Local 259, United Automobile, Aerospace and Agricultural Implement Workers of America v. National Labor Relations Board (2×)
2d Cir. · 1985 · confidence medium
See NLRB v. Steinerfilm, Inc., 669 F.2d 845 , 849 n. 4 (1st Cir.1982); NLRB v. Ridgeway Trucking Co., 622 F.2d 1222, 1224-25 (5th Cir.1980); NLRB v. Matouk Industries, Inc., supra, 582 F.2d at 128 ; NLRB v. Lenkurt Electric Co., 438 F.2d 1102 , 1105 n. 3 (9th Cir.1971); Sign and Pictorial Union Local 1175 v. NLRB, 419 F.2d 726, 733-34 (D.C.Cir.1969).
discussed Cited as authority (rule) National Labor Relations Board v. Lancer Corporation
5th Cir. · 1985 · confidence medium
Universal Camera Corp. v. National Labor Relations Board, supra, 340 U.S. at 496-97 , 71 S.Ct. at 468-69 ; National Labor Relations Board v. Rolligon Corporation, 702 F.2d 589 , 592 & n. 3 (5th Cir.1983); National Labor Relations Board v. Ridgeway Trucking Company, 622 F.2d 1222, 1224 (5th Cir.1980); Syncro Corporation v. National Labor Relations Board, 597 F.2d 922, 924-25 (5th Cir.1979); Seminole Asphalt Refining, Inc. v. National Labor Relations Board, 497 F.2d 247 , 249 & n. 5 (5th Cir.1974); Ward v. National Labor Relations Board, 462 F.2d 8 , 12 & n. 5 (5th Cir.1972).
discussed Cited as authority (rule) Local One v. National Labor Relations Board
2d Cir. · 1984 · confidence medium
The Board's evidence, in cases where it does not accept the ALJ's findings, "must be stronger than ... in cases where the findings are accepted." Interboro Contractors, Inc., 388 F.2d at 499; see also Universal Camera Corp., 340 U.S. at 496 , 71 S.Ct. at 468 ; NLRB v. Coletti Color Prints, Inc., 387 F.2d 298, 303 (2d Cir.1967) (the decision of the ALJ is a detracting factor in the Board's decision when evaluated under the substantial evidence test); cf. Colson Equipment, Inc. v. NLRB, 673 F.2d 221, 223 (8th Cir.1982) ("[w]here the Board's findings of fact are contrary to the ALJ's factual conc…
discussed Cited as authority (rule) Local One, Amalgamated Lithographers v. National Labor Relations Board
2d Cir. · 1984 · confidence medium
The Board’s evidence, in cases where it does not accept the AU’s findings, “must be stronger than ... in cases where the findings are accepted.” Interboro Contractors, Inc., 388 F.2d at 499; see also Universal Camera Corp., 340 U.S. at 496 , 71 S.Ct. at 468 ; NLRB v. Coletti Color Prints, Inc., 387 F.2d 298, 303 (2d Cir.1967) (the decision of the AU is a detracting factor in the Board’s decision when evaluated under the substantial evidence test); cf. Colson Equipment, Inc. v. NLRB, 673 F.2d 221, 223 (8th Cir.1982) (“[wjhere the Board’s findings of fact are contrary to the AU’s…
discussed Cited as authority (rule) National Labor Relations Board v. Downslope Industries, Inc., and Greenbrier Industries, Inc. (2×)
6th Cir. · 1982 · confidence medium
NLRB v. Ridgeway Trucking Co., 622 F.2d 1222, 1224 (5th Cir. 1980); NLRB v. McCaffrey, 619 F.2d 621 (6th Cir. 1980).
discussed Cited "see" Georgia Kraft Company, Woodkraft Division v. National Labor Relations Board (2×)
11th Cir. · 1983 · signal: see · confidence high
See NLRB v. Ridgeway Trucking Co., 622 F.2d 1222, 1224 (5th Cir.1980).
Retrieving the full opinion text from the archive…
NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
RIDGEWAY TRUCKING COMPANY, Respondent
80-5014.
Court of Appeals for the Fifth Circuit.
Aug 4, 1980.
622 F.2d 1222
1980 U.S. App. LEXIS 15157
Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D. C., for petitioner., Norman F. Burke, Orlando, Fla., for respondent.
Hill, Garza, Clark.
Cited by 29 opinions  |  Published
PER CURIAM:

In this action, the National Labor Relations Board requests that the court enter a judgment enforcing the Board’s order. The Board, which overturned the findings of an Administrative Law Judge [ALJ], ruled that the respondent Ridgeway had engaged in unfair labor practices in violation of 29 U.S.C. § 158(a)(1). Finding substantial evidence in the record as a whole to support the Board’s decision, enforcement is granted.

The undisputed facts, those accepted as credible by the ALJ, show that Ridgeway is engaged in the transporting of building materials. On the morning of Tuesday, June 18, 1977, Ridgeway chief dispatcher Horace Shepherd arrived at work to find that the company’s commission drivers were waiting outside the gate and refusing to go to work until they could talk to someone about their pay rates. About an hour later, the drivers spoke with the service manager, Harvey Cobb, in his office. The drivers explained their problem to Cobb who told them that he would discuss it with the General Manager Kenneth Surbaugh. When Surbaugh arrived a short while later, Shepherd informed him of the situation. Surbaugh walked over to Cobb’s office but refused to talk with the drivers as a group. He stated that he would talk with them individually, but the drivers refused this offer.

Some of the drivers then went to the garage area to stand by the heater. Shortly thereafter, Surbaugh walked out of his office and went into the garage area. Surbaugh told the drivers that if they were not going to go to work they should leave the property. Surbaugh informed them that if they did not leave the premises, he would have to call the authorities. At this point, one or more drivers asked Surbaugh when they would receive their paychecks. He told them that they could not be paid until someone came in to sign their checks.

Some drivers also asked Surbaugh if they could remove their personal belongings from the trucks, which he allowed. Joseph Egan, an attorney, testified that either the day of or the day after this incident, ten or twelve drivers related their complaints to him about the treatment by Surbaugh. The present application for enforcement, however, involves only three employees: Kenneth Bryant, Andy Griffin and Coleman Peterson.

Griffin and Peterson testified that Surbaugh had told them that they were “fired” and that he had used abusive language. The ALJ did not credit these assertions, however. Further, the Board did not refute the ALJ’s finding on this matter. Having reviewed the record, this court agrees that the overwhelming weight of the testimony tends to negate any indication that Surbaugh used abusive language or the word “fired.” Nonetheless, the Board found, and we agree, that the effect of Surbaugh’s statements was to discharge the three employees involved in this action.

An employer may discharge an employee for good cause, bad cause or no cause, provided that it was not done with a motive to squelch a protected labor activity.[*1224] See Syncro Corp. v. N. L. R. B., 597 F.2d 922, 924 (5th Cir. 1979). It is undisputed that the drivers were engaged in a concerted activity protected by the National Labor Relations Act. See United Merchants and Manufacturers, Inc. v. N. L. R. B., 554 F.2d 1276, 1278 (4th Cir. 1977) (temporary work stoppage is protected by the Act as a concerted activity). It is also clear that the departure of the employees was based upon their participation in the work stoppage. Thus, the only issue is whether the actions of Surbaugh amounted to a discharge. An employer need not use the term “fired” in order for a discharge to occur. The test of whether an employee was discharged depends upon the reasonable inferences that the employees could draw from the language used by the employer. Liberty Mutual Insurance Co. v. N. L. R. B., 592 F.2d 595, 604 (1st Cir. 1979); The C. J. Krehbiel Company, 227 N.L.R.B. 383, 384 (1976).

In the present case, the evidence demonstrates that the employees considered themselves discharged. Their requests for paychecks and for. removal of their belongings from the trucks indicate that the employees were under the impression that their services were no longer required by Ridgeway. Additionally, their visit with an attorney shortly after the incident indicates that the drivers felt that they had been treated unfairly and illegally. A similar situation occurred in Hale Manufacturing Co., Inc., 228 N.L.R.B. 10 (1977), enforced, 570 F.2d 705 (8th Cir. 1978), where the employees requested a pay raise. The employer told them that he could not pay it and that they would all have to go home. In Hale, one employee had asked his employer whether he needed 13 cents to mail his paycheck, and the employer told him that he could handle that. These facts were sufficient to find a constructive discharge by the employer. Id. at 13. The Board in that case stated that if the employer had not considered the employee as fired, he would have inquired about the employee’s intent to quit following his question about the 13 cent stamp. Id. Similarly, if Surbaugh had truly believed that the employees were quitting, he reasonably should have questioned them further about their intent.

The court realizes that when the Board does not accept the findings of an ALJ, the evidence and the findings of the Board must be examined more critically than if the two had been in agreement. See Syncro Corp., 597 F.2d at 924-925. Nonetheless, when the Board reaches a different conclusion, its findings must be sustained if the record, taken as a whole, shows substantial evidence to support those findings. Syncro Corp., 597 F.2d at 925; Russell-Newman Manufacturing Co. v. N. L. R. B., 407 F.2d 247, 249 (5th Cir. 1969). This is not a case where the Board has rejected credibility determinations made by the ALJ. See, e. g., Syncro Corp., 597 F.2d at 925 (when Board makes a contrary credibility choice, the superior advantage of the ALJ in this area should be weighed as a factor in determining the substantial evidence question); Delchamps, Inc. v. N. L. R. B., 588 F.2d 476, 480 (5th Cir. 1979) (Board may only refute undisputed testimony when it conflicts with well supported or obvious inferences from the remainder of the record); Ward v. N. L. R. B., 462 F.2d 8, 12 (5th Cir. 1972) (when ultimate determination of motive or purpose hinges entirely upon the credibility determination of the trial examiner, those findings are entitled to special weight and are not to be easily ignored); Russell-Newman Manufacturing Co., 407 F.2d at 249 (Board need not follow credibility findings of ALJ when they conflict with well supported inferences drawn from other portions of the record).

In the present case, the ALJ refused to credit the testimony of two of the employees who accused Surbaugh of specifically firing them. The Board, however, did not refute that finding and did not accept those witnesses’ credibility either. Rather, the Board reached its conclusion from the remainder of the record, relying upon the facts accepted as credible by the ALJ. The[*1225] Board’s decision cannot be reversed when it merely draws a different inference than that drawn by the ALJ from established facts, provided there is substantial evidence. See Goodyear Tire and Rubber Co. v. N. L. R. B., 456 F.2d 465, 467-68 (5th Cir. 1972). Having reviewed the entire record, the court concludes that there is substantial evidence to support the findings of the Board that Ridgeway did discharge the employees, which action amounted to an unfair labor practice due to the latter’s participation in a legal work stoppage.

The decision of the Board is ENFORCED.