National Labor Relations Board v. Str, Inc., D/B/A Sound Technology Research

The National Labor Relations .Board (the “Board”) petitions this court to enforce an order issued against STR, Inc. (the “Company”) arising from alleged violations of the National Labor Relations Act, subsections (a)(1), (a)(2), and (a)(3) of Section 8 [ 29 U.S.C. § 158 ] (unfair labor practices). Since the violations allegedly occurred in California, this Court has jurisdiction under Section 10(e) [ 29 U.S.C. § 160 (e)]. The Board’s decision and order are reported at 221 N.L. R.B. No. 103.

The Company’s arguments rest on the premise that the Board erred in finding that the Company had suspended one Art Munguia indefinitely, rather than for only one day as the Administrative Law Judge had found. The Company acknowledges that normally this court does not evaluate the evidence supporting the Board’s decision unless the losing party filed timely objections to the Board’s order. The Company argues that the Board’s disagreement with the Administrative Law Judge is so profound that the Company’s subsequent failure to file objections is excused because of the “extraordinary circumstances” provision of Section 10(e) [ 29 U.S.C. § 160 (e)].

The Board’s regulations permit parties…