NLRB v. Universal Camera Corp. (I)
United States Court of Appeals for the Second Circuit
179 F.2d 749 (1950)
Relevant factsFree
After an employee, Chairman, testified in favor of a separate bargaining unit at Universal Camera (defendant) and was fired two months later, the NLRB (plaintiff) investigated whether the firing was retaliatory. The agency's trial examiner credited a company witness and recommended dismissing the complaint, but the NLRB itself rejected that credibility finding, found the witness not credible, and ordered Chairman reinstated with back pay; Universal appealed.
IssueFree
Whether an appellate court may consider a trial examiner's factual findings, including credibility determinations, when those findings were rejected by the reviewing administrative agency.
Related cases
National Labor Relations Board v. Universal Camera Corp. (II)190 F.2d 429 (2d Cir. 1951)City and County of San Francisco v. Superior Court231 P.2d 26 (Cal. 1951)Federal Trade Commission v. Cement Institute333 U.S. 683 (1948)Harisiades v. Shaughnessy342 U.S. 580 (1952)Fong Haw Tan v. Phelan333 U.S. 6 (1948)