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GOODYEAR TIRE & RUBBER COMPANY v. N. L. R. B.

No. 71-1764.

456 F.2d 465 (1972)

GOODYEAR TIRE & RUBBER COMPANY and Highway Transportation Department, Petitioner-Cross Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross Petitioner.

United States Court of Appeals, Fifth Circuit.

March 20, 1972.

Attorney(s) appearing for the Case

William F. Gardner, Birmingham, Ala., Arthur L. Sutton, Legal Dept. Goodyear Tire & Rubber Co., Akron, Ohio, John J. McMahon, Jr., Cabaniss, Johnston, Gardner & Clark, Birmingham, Ala., for petitioner Goodyear Tire & Rubber Company.

Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Washington, D. C., Walter C. Phillips, Director, N. L. R. B., 10th Region, Atlanta, Ga., Jerome Weinstein, Washington, D. C., Peter G. Nash, Acting Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Leonard Wagman, Harold J. Engel, Attys., N. L. R. B., for respondent.

Before MORGAN and CLARK, Circuit Judges, and RUBIN, District Judge.

LEWIS R. MORGAN, Circuit Judge:

The issue on this appeal is whether there is substantial evidence in the record to support the Board's decision which overturned the holding by the Trial Examiner and held that Goodyear Tire and Rubber Company violated Section 8(a) (3) of the Act1 by discharging an employee because of his union activities. Having found a substantial basis in the record to support the Board's holding, we grant the petition...

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