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N. L. R. B. v. FIBERS INTERNATIONAL CORPORATION

No. 7645.

439 F.2d 1311 (1971)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. FIBERS INTERNATIONAL CORPORATION, Respondent.

United States Court of Appeals, First Circuit.

As Amended March 12, 1971.

Attorney(s) appearing for the Case

Paul Elkind, Atty., N. L. R. B., with whom Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Warren M. Davison, Deputy Asst. Gen. Counsel, were on the brief, for petitioner.

Donald M. Hall, San Juan, P. R., with whom Radames A. Torruella-del-Valle, and McConnell, Valdes, Kelley & Sifre, San Juan, P. R. were on the brief, for respondent.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

Examination of the NLRB's yearly reports shows that much more often than not we have enforced the orders of the Board. There is one area, however, where we have never seen eye to eye: the test for determining whether a discharge for established misconduct was in fact an unfair labor practice. Having in mind that a business decision is involved, it has been our position that the Board has the burden...

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