GOLDTEX, INC. v. N.L.R.B.

Nos. 93-1039, 93-1139.

14 F.3d 1008 (1994)

GOLDTEX, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. GOLDTEX, INCORPORATED, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided January 31, 1994.


Attorney(s) appearing for the Case

ARGUED: Terry Allen Clark, Edwards, Ballard, Clark & Barrett, P.A., Winston-Salem, NC, for Petitioner. Vincent J. Falvo, Jr., National Labor Relations Board, Washington, DC, for Respondent. ON BRIEF: Thomas H. Keim, Jr., Edwards, Ballard, Clark & Barrett, P.A., Winston-Salem, NC, for Petitioner. Jerry M. Hunter, Gen. Counsel, Yvonne T. Dixon, Acting Deputy Gen. Counsel, Nicholas E. Karatinos, Acting Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, Peter Winkler, Supervisory Atty., National Labor Relations Board, Washington, DC, for Respondent.

Before WILKINSON and HAMILTON, Circuit Judges, and NORTON, United States District Judge for the District of South Carolina, sitting by designation.


OPINION

WILKINSON, Circuit Judge:

We review here the National Labor Relations Board's findings that four employees of petitioner corporation were discharged in violation of §§ 8(a)(1) and 8(a)(3) of the National Labor Relations Act ("Act"), 29 U.S.C. §§ 158(a)(1) & 158(a)(3). We hold that the Board's order with respect to three of the employees cannot stand because the Board has failed to show that those layoffs were motivated by...

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