National Labor Relations Board v. Tomco Communications, Inc.

In this application for enforcement, the National Labor Relations Board (the Board) represents the charging party, the United Electrical, Radio, and Machine Workers of America, Local 1412 (the Union), against Tomco Communications, Inc. (the Company).

The Board found that the Company had violated § 8(a)(5) and (1) of the National Labor Relations Act (the Act), 29 U.S.C. § 158 (a)(5) and (1), by failing to bargain in good faith; and § 8(a)(3) and (1) of the Act, 29 U.S.C. § 158 (a)(3) and (1), by locking out Union members to enhance its unlawful bargaining position and to discourage their support of the Union.

Pursuant to these findings, the Board ordered the Company to cease and desist from discouraging membership in the Union by locking out employees in support of an unlawful bargaining position, to bargain collectively, to offer reinstatement and reimbursement for consequential loss of wages suffered by the locked out employees, and to post notices and preserve evidence of compliance. The Board’s decision is reported at 220 N.L.R.B. 636 , 90 L.R.R.M. 1321 (1975).

We have jurisdiction to consider the Board’s application under § 10(e) of the Act, 29 U.S.C. § 160 (e). We deny…