Hambre Hombre Enterprises, Inc., D/B/A Panchito's v. National Labor Relations Board

In this case we are to determine whether there is substantial evidence on the record as a whole to support enforcement of an order of the National Labor Relations Board (“Board”) which directs petitioner, Hambre Hombre Enterprises, Inc., d/b/a Panchito’s (“Company”), to reinstate, with back pay, Michael Hull, and to recognize and bargain upon request with the Bartend ers and Culinary Workers Union, Local 595 (“Union”). We find there is, and we enforce said order.

I.

In December, 1974, the Union commenced organizing the Company’s employees who worked at the restaurant and bar called Panehito’s, that was operated by the Company in Walnut Creek, California. Twenty-seven of the Company’s forty-four employees signed authorization cards and the Union, after filing a representation petition with the Board, made demand on the Company for recognition and invited all the employees who signed cards to a meeting on January 4, 1975. At that meeting, Michael Hull, a bartender at Panchito’s, objected to the presence of a supervisor on the ground that her presence was intimidating. There was argument between them before the Union’s president decided that the supervisor would be permitted to…