National Labor Relations Board v. Apico Inns of California, Inc., D/B/A Holiday Inn of America of San Bernardino

The National Labor Relations Board seeks enforcement of its order against Apico Inns of California, Inc., d/b/a Holiday Inn of America of San Bernardino pursuant to section 10(e) of the National Labor Relations Act, 29 U.S.C. § 151 et seq., as amended. The Board found that respondent had fired employee and charging party, Reave Nichols, for filing a grievance over employment conditions with his union in violation of 29 U.S.C. § 158 ; the Board ordered respondent to cease and desist from further retaliations against employees for using union. grievance rights and to reinstate Nichols with back pay. Respondent employer contends that the Board lacked substantial evidence for its finding of retaliation and that even if there was substantial evidence for finding an illegal firing it was not proper to order reinstatement on the facts of this case. The Board’s Decision and Order is reported at 212 NLRB No. 46 .

The Holiday Inn of San Bernardino operates a restaurant and cocktail lounge on its premises. The staff includes a restaurant manager, three or four waitresses, and day and evening bartenders. In December 1972 Doris Cunner was promoted from restaurant manager to Innkeeper…