Ore-Ida Potato Products, Inc. And Oregon Frozen Foods Co. v. National Labor Relations Board

This is a petition by Ore-Ida Potato Products, Inc. and Oregon Frozen Foods Co., hereinafter called the petitioners or the companies, to review and set aside an order of the National Labor Relations Board. This court has jurisdiction of the proceeding under 29 U.S.C.A. § 160 (e) and (f).

Fern Miller had been an employee of the companies since 1951. On December 13, 1958, she was discharged. The Board found that the companies had violated 29 U.S.C.A. § 158 (a) (1) and' (3) by discharging her because of her union activities. The only issue before this court is whether there is substantial evidence upon the record as a whole to* support the Board’s finding that the companies have engaged in unfair labor practices by discriminating against Miller in violation of § 158(a) (1) and (3).

The record shows that for almost a year the union of which Miller was a member had been attempting to organize the petitioners’ plants. In January,. 1958, it was unsuccessful in its campaign to win an election held in the plant under the supervision of the Board. However, the Board later set the election aside because of certain actions by the petitioners which had “made a fair election impossible.”…