Lozano Enterprises v. National Labor Relations Board

We have before us a petition to set aside the decision and order of the NLRB requiring the petitioner, Lozano Enterprises, to reinstate Jose Martinez, laid off allegedly on account of union membership, in violation of § 8(a) (1) and § 8 (a) (3) of the National Labor Relations Act.

Lozano Enterprises, a California corporation, publishes and distributes in the Los Angeles area a Spanish language newspaper. In NLRB v. Lozano Enterprises, 9 Cir., 318 F.2d 41 , this court ordered Lozano to reinstate one Jose Na-bor Villasenor as a night shift linotype operator whom the NLRB found had been wrongfully discharged. In order to make room for the reinstatement of Villa-senor, Lozano laid off Jose Martinez, one of four such linotype operators and the most junior in the plant except one Ba-runda, who was in fact the most junior of all and who was retained. Martinez was a dues paying member of the union, whereas Barunda was not.

A complaint was filed with the NLRB charging Lozano with violation of § 8(a) (1), § 8(a) (3) and § 8(a) (4) NLRA. After a hearing, the Board found no violation of § 8(a) (4) but did find that in violation of § 8(a) (1) and § 8(a) (3) Lo-zano had discriminated against…