National Labor Relations Board v. Super Toys, Inc.

The National Labor Relations Board petitions for enforcement of its order against respondent based upon its findings that respondent violated section 8(a) (3) and (1) of the National Labor Relations Act by discharging its employee Calvaresi for engaging in union activities and that it violated section 8(a) (1) of the Act by interrogating Calvaresi and Epstein regarding their union activities.

The first issue is whether or not the Board’s finding that Calvaresi was discharged for his union activities, rather than for good cause, is supported by substantial evidence in the record considered as a whole. We hold that it is not.

Respondent is a toy supplier. Its main office is in Detroit, Michigan. It maintains several branch offices, including one in North Hollywood where Cal-varesi was employed initially as a freelance salesman and later as a driver with responsibility for supplying toys and installing toy racks at retail stores. In early December 1969, Calvaresi collected company money in the sum of $220 from a “swap meet” and appropriated it to his own use. When respondent’s branch manager Boigon discovered Calvaresi’s defalcation in mid-December Calvaresi apologized for his…