UNIVERSAL CAMERA CORP. V. NLRB
340 U.S. 474 (1951)
NATURE OF THE CASE: This was a dispute over a judgment by the NLRB that ordered back pay
and reinstatement.
FACTS: On November, 30 1943, Chairman and Kende testified at a hearing upon
representation after which Kende told Chairman that Chairman had perjured himself and Kende
testified on the stand that Chairman was either ignorant of the truth or he was deliberately
lying on many instances and that there was definite doubt regarding his suitability for
supervisory positions. This was during a hearing at NLRB on who should be the representative
for Universal's (D) employees. Chairman had testified in favor of the maintenance employees
being recognized as a separate bargaining unit. P opposed that recognition and Shapiro, a
vice president and Kende, the chief engineer and Politzer, the plant engineer opposed such
appointment. Chairman was allegedly warned that if he testified in favor of the maintenance
employees, Kende would take it out on him. Just such a campaign was alleged by Chairman as
he was fired eventually for insubordination for alleging that a superior was drunk. At the
hearing regarding Chairman's firing, the examiner was not satisfied that NLRB (P) has proved
that Chairman was fired for giving the unfavorable testimony at the representative hearing.
However, when the full board heard the case, they reversed the examiners ruling and
overruled the finding that Politzer had told another that Chairman was going to resign. P
ordered D to reinstate Chairman who was found to be fired because he gave testimony under
the Wagner Act. D argued that Chairman was discharged for different reasons. D argued that
the new legislative amendments warranted a more stringent judicial review than previously
available and P’s holding was not supported by substantial evidence. The court of appeals
ordered P’s order to be enforced. The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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