National Labor Relations Board v. Miller Redwood Company

Good Law
407 F.2d 1366·70 L.R.R.M. (BNA) 2868·1969 U.S. App. LEXIS 8790
United States Court of Appeals for the Ninth CircuitFebruary 25, 196922573California2,370 words

Opinion

Opinion

Carter, J.

This case comes before us upon petition of the National Labor Relations Board, pursuant to Sec. 10(e) of the National Labor Relations Act, (hereafter the Act) as amended, [ 61 Stat. 136 , 73 Stat. 519 , 29 U.S.C. § 151 et seq.] for enforcement of its order issued against respondent on May 5,1967. The Board’s decision and order are reported in 164 N.L.R.B. No. 52.

The Board found that respondent, (hereafter the Company), (1) violated Sec. 8(a) (1) of the Act, 29 U.S.C. § 158 (a) (1) by interrogations, threats, promises, grants of benefits, and creating the impression of surveillance of employees’ organizational activities; and (2) violated Sec. 8(a) (3) and (1) of the Act, 29 U.S.C. § 158 (a) (3) and (1), by discharging employee Jerry Davis. The real question in the case is whether the evidence in the record supports the findings of the Board.

The Sec. 8(a) (1) Violation

In April of 1965, the union started its organization activities and on July 16, 1965, employee Jerry Davis was discharged.

A review of the evidence shows that there was substantial evidence to support the Board’s finding of a violation of Sec. 8(a) (1), 29 U.S.C. § 158 (a) (1). There was interrogation of…

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