National Labor Relations Board v. Sun Hardware Company, Inc.

Petitioner, the National Labor Relations Board (Board), seeks enforcement of its decision and order of November 26, 1968 against respondent, Sun Hardware Company, Inc., (Sun), which was found to have engaged in unfair labor practices as defined in section 8(a) (1) and (3) of the National Labor Relations Act. ( 29 U.S.C. § 158 (a) (1), (3)) The Board adopted the findings and conclusions of the trial examiner with slight modifications (C.T. 33), and pursuant to section 10(c) of the Act ordered the enforcement of the recommended order. Our jurisdiction to enforce the order rests upon § 10(e) of the Act ( 29 U.S.C. § 160 (e)), the alleged unfair labor practice having occurred in Long Beach, California.

We are called upon to determine whether there is substantial evidence in the record, viewed in its entirety, to support the decision and order recommended by the trial examiner and adopted by the Board. Universal Camera Corp. v. NLRB, 340 U.S. 474, 488 , 71 S.Ct. 456 , 95 L.Ed. 456 (1951); NLRB v. Miller Redwood Co., 407 F.2d 1366, 1369 (9th Cir. 1969). As we stated more specifically in Miller (supra at 1369 ):

The facts surrounding the timing of the layoff and rehiring of the…