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N. L. R. B. v. SMOKY MOUNTAIN STAGES, INC.

No. 15121.

447 F.2d 925 (1971)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SMOKY MOUNTAIN STAGES, INC., Respondent.

United States Court of Appeals, Fourth Circuit.

Decided September 10, 1971.

Attorney(s) appearing for the Case

Eli Nash, Jr., Atty., N. L. R. B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and John D. Burgoyne, Atty., N. L. R. B., on the brief), for petitioner.

Ernest W. Machen, Jr., Charlotte, N. C. (Blakeney, Alexander & Machen, Charlotte, N. C. on the brief), for respondent.

Before HAYNSWORTH, Chief Judge, and BOREMAN and CRAVEN, Circuit Judges.

BOREMAN, Circuit Judge.

On the Labor Board's application for enforcement of its order, the sole issue is whether substantial evidence supports the Board's finding that Smoky Mountain Stages, Inc., (hereafter the Company) discharged a bus driver, Edgar Wells, because of his prounion activity rather than for cause.

Wells had been a bus driver for the Company for some twenty years prior to his discharge in early 1967. He had driven over a million "safe" miles...

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