National Labor Relations Board v. Sonora Sundry Sales, Inc., D/B/A Value Giant

This case is before the court upon petition of the National Labor Relations Board to enforce its order issued against respondent on November 1, 1966, as reported at 161 N.L.R.B. No. 53. The Board found that respondent had violated § 8(a) (1) of the Act, 29 U.S.C. § 158 (a) (1), by threatening its employees that execution of a union contract would result in decreased wage rate. The Board also found that respondent had refused to recognize and bargain with the union which represented a majority of the employees in violation of § 8(a) (5) of the Act, 29 U.S.C. § 158 (a) (5). The Board adopted the findings of the trial examiner as set forth in the margin. From these findings the trial examiner concluded that no unfair labor practice had been established and recommended that the complaint be dismissed. The Board disagreed.

§ 8(a) (1) Charge

The charge that respondent threatened its employees with a wage decrease if a union contract were to be executed is based upon the facts found by the trial examiner under his subheading “3. Speech of Russell Robinson, June 12, 1965.” The trial examiner concluded that Robinson’s remarks were protected under § 8(c) of the Act, 29 U.S.C. § 158…