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NATIONAL LABOR RELATIONS BOARD v. H. C. SMITH CONSTRUCTION CO.

No. 25300.

439 F.2d 1064 (1971)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. H. C. SMITH CONSTRUCTION CO., Respondent.

United States Court of Appeals, Ninth Circuit.

March 19, 1971.

Attorney(s) appearing for the Case

Paul J. Spielberg (argued), Atty., NLRB, Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Washington, D. C.; Charles Henderson, Director, NLRB, Washington, D. C., for appellant.

H. William Coder (argued), of Burton & Coder, Great Falls, Mont., for appellant.

Before BROWNING and TRASK, Circuit Judges, and PREGERSON, District Judge.

PER CURIAM:

The order which the Board asks us to enforce rests upon a determination that respondent violated section 8(a) (1) of the Act by discharging an employee for concerted activity protected by section 7 of the Act.

To the extent that this determination is based upon factual premises we think the Board's findings represent a "choice between two fairly conflicting views" of the evidence and are therefore binding upon us. Universal Camera Corp. v. National...

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