Order affirmed, with costs.
Memorandum:
The record does not contain substantial evidence to sustain the conclusion of the Labor Relations Board that the employee was discharged because of his union activities. It is undisputed that Root refused to work more than 40 hours a week and that his refusal resulted in his being absent from his employment on Saturday afternoons, which was the busiest day of petitioner's operation. The employer concluded that it could...
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