National Labor Relations Board v. Tesoro Petroleum Corporation

The Board found that Tesoro Petroleum Corporation, hereafter the Company, violated Sec. 8(a) (1) of the Act, 29 U. S.C. § 158(a) (1), by coercively interrogating three applicants for employment; that the Company violated § 8(a) (3) and (1) of the Act, 29 U.S.C. § 158 (a) (3) and (1) by discharging employees Mayfield, Goodson, Kelly and Crites; and that the Company violated § 8(a) (5) and (1) of the Act, 29 U.S.C. § 158 (a) (5) and (1) by refusing to bargain with the certified Union.

The Board’s order directed the Company to cease and desist from the unfair labor practices found and from in any manner interfering with, restraining or coercing the employees in the exercise of their rights under § 7 of the Act, 29 U. S.C. § 157. The Board also ordered the Company to offer reinstatement to the discharged employees and to make them whole from loss of earnings and directed the Company to bargain with the Union. Further the Company was ordered to post the customary notice. The Board’s order is reported at 174 NLRB No. 135 .

The Board states the issue is whether substantial evidence on the record as a whole supports the Board’s finding that the Company violated the sections of the Act,…