National Labor Relations Board v. Hotel Conquistador, Inc., D/B/A Hotel Tropicana
Opinion
Opinion
Barnes, J.
Pursuant to section 10(e) of the National Labor Relations Act, 29 U.S.C. § 160 (e) (1964), the National Labor Relations Board has petitioned for enforcement of an order issued by the Board against Hotel Conquistador, Inc., doing business as the Hotel Tropicana. The decision and order of the Board, announced on June 24,1966, are reported at 159 N.L.R.B. No. 105.
In its decision the Board found, in accord with the trial examiner, that the respondent
(a) discharged from its employ one Frank Yockmen because of his union activity, thereby violating sections 8(a) (1) and 8(a) (3) of the N.L.R.A., 29 U.S.C. § 158 (a) (1), (3) (1964);
(b) interrogated Yockmen concerning his union activity, in violation of section 8(a) (1) of the Act; and
(c) gave Yockmen the impression, contrary to section 8(a) (1), that it was conducting surveillance of persons engaging in union activity.
Respondent claims that no charge was ever filed with the Board concerning the latter two issues, and that those issues therefore should not have been considered by the Board. In addition, and alternatively, respondent contends that none of the findings set out above is supported by substantial evidence.