NLRB v. Universal Camera Corp.

190 F.2d 429 (2nd Cir. 1951)


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. The Appeals Court affirmed. The Supreme Court reversed and remanded.