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.