Skaggs Pay Less Drug Stores v. National Labor Relations Board

This is a petition by Skaggs Pay Less Drug Stores (“Skaggs”) to review and set aside orders issued against it by the National Labor Relations Board (“Board”) on March 3, 1971 and May 25, 1971, and a cross-application by the Board for enforcement of such orders. The Board’s Decision and Order is reported at 188 NLRB No. 116 , and its Order Denying the Motion to Reopen the Record and Reconsider the Decision and Order is reported at 190 NLRB No. 104 .

The issues on review are (1) whether the Board’s findings that Skaggs discharged employees Anderson and Marchewka for discriminatory reasons in violation of Section 8(a) (3) and (1) of the Act ( 29 U.S.C. § 158 (a) (3) and (1)) were supported by substantial evidence on the record as a whole, and (2) whether the Board’s finding that Skaggs had threatened employee Thayer with loss of employment benefits to discourage her from choosing a collective bargaining representative (as did the Trial Examiner) constitute a single isolated incident not in violation of Section 8(a) (1) of the Act ( 29 U.S.C. § 158 (a) (1)).

The employees involved were employed in the accounting department of Skaggs, which operates a large chain of drug stores in…