National Labor Relations Board v. Western Clinical Laboratory, Inc.

The National Labor Relations Board (“NLRB” or “Board”) has petitioned, pursuant to § 10(e), 29 U.S.C. § 160 (e), of the National Labor Relations Act as amended (“NLRA”), 29 U.S.C. §§ 151 et seq., for enforcement of its order against Western Clinical Laboratory, Inc. (“WCL”). For the reasons set forth below, we find that there is substantial evidence on the record as a whole to support the determinations of the Board.

The NLRB found that respondent violated

(1) § 8(a)(1) of the NLRA, 29 U.S.C. § 158 (a)(1), by unlawfully interrogating its employees about union sympathies, by threatening that collective activity of its employees would be futile, by threatening the job security of an employee because of his union adherence, by unlawfully soliciting grievances from its employees and promising correction in order to undermine adherence to the union, and by unlawfully attempting to cause another employer to .fire an employee who testified for the Board’s General Counsel at a hearing before an administrative law judge (“ALJ”);

(2) § 8(a)(1) and (3) by issuing poor work evaluations to three employees because of their union involvement and by constructively discharging one of those…