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N. L. R. B. v. TEXAS INDUSTRIES, INC.

No. 24255.

387 F.2d 426 (1967)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. TEXAS INDUSTRIES, INC., Respondent.

United States Court of Appeals Fifth Circuit.

December 28, 1967.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, NLRB, John E. Nevins, Atty., NLRB, Washington, D. C., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Allison W. Brown, Jr., Atty., NLRB, for petitioner.

Fred O. Weldon, Jr., Dallas, Tex., for intervenor.

John Bernard Nelson, John Edward Price, Fort Worth, Tex., for respondent.

Before TUTTLE, GEWIN and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

The National Labor Relations Board found that Texas Industries, Inc., violated § 8(a) (3) and (1) of the Act1 by discharging employee Kenneth Hester, a truck driver, because of union activity. It seeks enforcement of its order requiring reinstatement and back pay and the usual accompanying relief. Enforcement is denied, because there is not substantial evidence that the company had knowledge of any union activity...

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