National Labor Relations Board v. Biscayne Television Corp. - Fifth Circuit United States Court Of Appeals

National Labor Relations Board v. Biscayne Television Corp.

By Fifth Circuit United States Court Of Appeals

  • Release Date - Published: 1961-04-21
  • Book Genre: Law
  • Author: Fifth Circuit United States Court Of Appeals
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National Labor Relations Board v. Biscayne Television Corp. Fifth Circuit United States Court Of Appeals read online review & book description:

Before JONES and BROWN, Circuit Judges, and CONNALLY, District Judge. Per Curiam: The Board in its order found the Employer, the operator of a TV station, guilty of § 8(a)(1) interference in the exercise of rights of the employees. It also found that the employees Marlin, Filer and Lipari were discharged, and Weand demoted on August 12, 1958, for union activity contrary to § 8(a)(3). Considering that the conclusions were reached on controverted evidence warranting the Board making a choice between conflicting inferences, the Employer does not directly attack these conclusions. The Employer does object to that part of the order referred to as the remedy. The Board's decision, contrary to that of the Examiner, recognizes that the Employer may have substantially altered its operations subsequent to the date of this discriminatory discharge-demotion occurrence, ""so that it no longer requires the same number of employees in its news department as it did prior to the discharges * * *."" That, and the absence of any indication thus far that replacements were hired, led the Board to state:

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