Sahara-Tahoe Corporation v. National Labor Relations Board

This is a petition to review an order of the National Labor Relations Board which followed findings on two unfair labor practices on the part of the management of a hotel. We enforce the order in part and deny enforcement in part.

The alleged violations of the National Labor Relations Act § 8(a)(1) and (3), 29 U.S.C. § 158 (a)(1) and (3) (1970), consisted in the discharge of Audrey J. Hewitt, an employee, because of her activities on behalf of a labor union. We have reviewed the evidence and have concluded that the findings of the administrative law judge, which were ratified by the Board, are supported by substantial evidence in the record considered as a whole. The remedy provided in the Board’s order (reinstatement and other relief) is correct as a matter of law, and the order in this respect is entitled to be enforced.

The alleged violation of Section 8(a)(1) in the unlawful and coercive interrogation of waitress Bernice Eggerman is not supported by evidence. The evidence was that a supervisory employee asked Ms. Eggerman if she was “going to join the union.” The efforts of the union and the general counsel to build this relatively innocuous question into an unfair labor…