National Labor Relations Board v. Tommy's Spanish Foods, Inc.

Petitioner seeks enforcement of a cease and desist order directed to respondent employer, based upon an alleged violation of § 8(a) (1) of the National Labor Relations Act [ 29 U.S.C. § 158 (a) (1)]. This court has jurisdiction under § 10(e) of the Act [ 29 U.S.C. § 160 (e)].

Petitioner asserts, and the trial examiner found, that pending a representation election held at the request of the union, Katherine Manville, the president of respondent company made threats of loss of employment which were designed to create and instill in the employees’ minds a fear of economic suffering which they would experience if they were to select the union. With one member dissenting, the Board concluded that the respondent was in violation of § 8(a) (1) of the Act and issued a cease and desist order. The sole issue before this court is whether there is substantial evidence to support the Board’s conclusion.

Manville’s affidavit states, among other things:

In the same affidavit Manville admitted that about two days before the elee tion, she held meetings in her office with groups of about four or five employees at a time. She told them, among other things, that respondent would never agree to…