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2d 59
Nor can we agree that the Board "distorted" Machaby's testimony. When a
steward tells the employees that if asked to work in a particular location under
the "rules" they were not to "refuse," but that they should "ask to see your
steward," namely, himself, and adds the advice that the location was unsafe and
they did not have to work there, the Board was clearly warranted in its ultimate
finding that the employees had received an instruction not to work. This was an
improper instruction,* and adequate cause for discharge. The Board's rejection
of the general counsel's claim that the employer's given reason for the
discharge was a pretext is supported by substantial evidence.
Petition dismissed.
Notes:
*
Although the decision was by a majority, the panel was unanimous that this
was not a dangerous location within the meaning of section 502 of the Act, 29
U.S.C. 143, which might have permitted Machaby to take this position