Top of Waikiki, Inc. v. National Labor Relations Board

This case is before the court on petition of Top of Waikiki, Inc., pursuant to Section 10(e) and (f) of the National Labor Relations Act, to vacate and set aside portions of the order of the National Labor Relations Board requiring petitioner to reinstate, with back pay, its discharged employees, David Kochi, Michael Leslie, and Dwight Yamaguchi, and the Board’s cross-petition for enforcement of its order. The board’s decision and order are reported at 176-77 N.L.R. B. No. 6. No jurisdictional issue is present.

The Board found that petitioner violated Sec. 8(a) (1) of the Act by disciplining, and then later discharging, the above named employees for engaging in protected, concerted activities for the purpose of mutual aid and protection within the meaning of Sec. 7 of the Act.

The Board also found that petitioner violated Sec. 8(a) (3) and (1) of the Act in respect to nine other named employees by refusing to reinstate them after a protected walkout. Petitioner acquiesced in the enforcement of the Board’s order in respect to them, and we are, therefore, not concerned with them in this review.

On this review petitioner earnestly contends that the findings of the Board that…