LABOR LAW -REFUSAL TO REINSTATE AS AN UNFAIR LABOR PRACTICE

The defendant company, operating a produce plant, was found guilty by the National Labor Relations Board of several unfair labor practices, inter alia, the discrimination against certain employees in refusing to reinstate them because of their union affiliations and activities. Defendant's superintendent testified that he had refused to rehire the employees in question because of their inability to get along with the other employees and the ill feeling which their union activities had engendered toward them. The board did not accept this explanation, and ordered the reinstatement of these employees with back pay. Held, there was discrimination under section 8 (3) of the National Labor Relations Act as to those employees who were shown by substantial evidence to have been refused reinstatement because of prior union activities, and, as to them, the order of the board was proper.

Wilson & Co. v. National Labor Relations Board, (C. C. A. 8th, 1941) 123 F. (2d) 411.