National Labor Relations Board v. W. T. Grant Company

The National Labor Relations Board, after a hearing before a Trial Examiner, found that respondent, W. T. Grant Co., was guilty of unfair labor practices in violation of Section 8(a) (3) and (1) of the National Labor Relations Act by discharging employee, Hazel Martin, because of her pro-union activities at respondent’s store in Sacramento, California.

The Board petitions this Court, pursuant to Section 10(e) of the N.L.R.A., as amended, for enforcement of its order against respondent. This Court has jurisdiction by virtue of Section 10(e) of the Act, and must enforce the Board’s order if it is supported by substantial evidence on the record considered as a whole.

An exhaustive search of the record fails to disclose substantial evidence to support the Board’s findings, but to the contrary, establishes that Hazel Martin was lawfully discharged for violating a specific lawful instruction not to continue union solicitation during working hours.

The W. T. Grant Co. has a rule that prohibits union or anti-union activity between employees if one is working (see Exhibit G C 2). This is a valid rule. N. L. R. B. v. United Steel Workers; N. L. R. B. v. Avondale Mills, 357 U.S. 357 , 78…