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National Labor Relations Board v. Universal Camera Corp. (II)

United States Court of Appeals for the Second Circuit

190 F.2d 429 (2d Cir. 1951)

Relevant factsFree

After a trial examiner found Universal Camera Corp. (defendant) had not discharged an employee in retaliation for testifying under the Wagner Act, the NLRB (plaintiff) rejected that finding and ordered reinstatement; the Second Circuit initially upheld the Board's order, but the Supreme Court held that reviewing courts must weigh the whole record, including the examiner's own findings, and remanded for the appellate court to properly account for the trial examiner's credibility determinations.

IssueFree

Whether a trial examiner's findings on the veracity and credibility of witnesses should be overruled by the Board.

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