National Labor Relations Board v. Electro Vector, Inc.

The National Labor Relations Board seeks enforcement of its order against Electro Vector, Inc. Affirming the administrative law judge, the Board held that the Company violated 29 U.S.C. § 158 (a)(3) and (1) by granting a bonus for work previously performed, to employees who were actually working on September 30, and November 27,1974, while denying such bonus for work previously performed to other employees who were striking on either of those two dates. We hold that because the Board’s finding that the bonuses were wages, hours, or other term[s] or conditions] of employment is not supported by substantial evidence, enforcement of its order is denied.

The relevant facts follow. Electro manufactures electronic equipment in a plant located near Santa Rosa, California. The Company’s production and maintenance employees have been represented for collective bargaining purposes by the Union for a number of years. On May 2,1974, after the expiration of the prior contract and the breakdown of negotiations, the Union struck Electro over economic issues.

Electro followed a discretionary policy of paying “year-end” bonuses based on a fiscal year ending September 30, 1974. The…