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NATIONAL LABOR RELATIONS BOARD v. OKLAHOMA TRANSP. CO.

No. 10826.

140 F.2d 509 (1944)

NATIONAL LABOR RELATIONS BOARD v. OKLAHOMA TRANSP. CO.

Circuit Court of Appeals, Fifth Circuit.

February 8, 1944.

Attorney(s) appearing for the Case

Robert B. Watts, Gen. Counsel, NLRB, Howard Lichtenstein, Asst. Gen. Counsel, NLRB, and LeRoy Marceau, Senior Atty., NLRB, all of Washington, D. C., for petitioner.

Karl H. Mueller, of Fort Worth, Tex., for respondent.

Before HUTCHESON, McCORD, and LEE, Circuit Judges.

HUTCHESON, Circuit Judge.

This is another of that large body of cases in which, though the grounds the employer gave for the discharge of an employee in fact existed, and in themselves were not unreasonable, the Board, taking into account as well the manner of the discharge and the background evidence showing union antipathy, has found that they were not the real reason but the pretext for the discharge. The question presented here then is whether, as respondent claims...

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