National Labor Relations Board v. Yama Woodcraft, Inc., D/B/A Cal-Pacific Furniture Mfg. Co.

The National Labor Relations Board petitions pursuant to Section 10(e) of the National Labor Relations Act (the Act), 29 U.S.C. § 160 (e), for enforcement of its Order, 228 NLRB No. 169 , finding respondent Yama Woodcraft guilty of unfair labor practices under Sections 8(a)(1) and 8(a)(5) of the Act, 29 U.S.C. §§ 158 (a)(1) & (5). We find that the Board’s Order lacks substantial evidentiary support, and therefore deny enforcement.

Facts

In September 1975 the Board certified Furniture Union Local 500, Upholsterers’ International Union, AFL-CIO (the union) as the exclusive bargaining representative for the employees of respondent Yama Woodcraft (the company). Contract negotiations between the company and the union began in November 1975. At the initial bargaining session, on November 5, the union submitted a complete contract proposal. At the second session, on February 2, 1976, the company in turn submitted its initial contract proposal. The latter dealt only with economic issues such as wages and fringe benefits, which the union rejected as unacceptable. Between the second and third sessions, the company mailed to the union’s chief negotiator, Wiley Smith, its proposals…