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EASTERN ENGINEERING & ELEVATOR CO. v. N.L.R.B.

No. 80-1109.

637 F.2d 191 (1980)

EASTERN ENGINEERING & ELEVATOR CO., INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Local 5, International Union of Elevator Constructors, Intervenor.

United States Court of Appeals, Third Circuit.

Decided December 22, 1980.

Attorney(s) appearing for the Case

Joseph R. Livesey, Lewis Kates (argued), Kates & Livesey, P. C., Philadelphia, Pa., for petitioner.

Peter M. Bernstein, David S. Fishback (argued), Attys. N. L. R. B., Washington, D. C., William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., for respondent.

Richard H. Markowitz, Andrew L. Markowitz, Robert C. Cohen (argued), Markowitz & Richman, Philadelphia, Pa., for intervenor.

Before ALDISERT, VAN DUSEN and GARTH, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This case does not require us to decide a novel legal issue. Rather, the controversy turns on application of the substantial evidence standard to a National Labor Relations Board decision that is based on testimonial evidence rejected as incredible by an administrative law judge. Disagreeing with the facts found by the administrative law judge and reversing his decision, the Board determined that Eastern Engineering...

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