National Labor Relations Board v. Thomas McMahon D/B/A McMahon Sales Co.

In its petition seeking enforcement of its order against respondent, the Board contends that substantial evidence on the record as a whole supports the Board’s findings that (1) respondent violated National Labor Relations Act § 8(a) (5) and § 8(a) (1) by refusing to bargain with the union; (2) respondent violated § 8(a) (1) of the Act by unlawfully interrogating and threatening employee Reveles concerning his union activities; and (3) respondent violated § 8(a) (3) and § 8(a) (1) of the Act by discharging Reveles because of his union activities and that Reveles is entitled to reinstatement with back pay.

The first point has become moot since the application for enforcement has been filed with this court, because the respondent has ceased doing business, a fact brought to the court’s attention at oral argument. Enforcement of an order to bargain directed to a defunct organization would be futile. That portion of the petition seeking enforcement of the order directed to the claimed section 8(a) (5) and section 8(a) (1) violation is, sua sponte, dismissed. Similarly, no prospective reinstatement shall be required so long as no further business is conducted by the McMahon’s Sales…