National Labor Relations Board v. Randall P. Kane, Inc., D/B/A the Catalyst

This case is before us on an application of the National Labor Relations Board [Board] under § 10(e) of the National Labor Relations Act [Act], 29 U.S.C. § 160 (e) for enforcement of its bargaining and related orders against employer Randall P. Kane, Inc., the respondent. It operates “The Catalyst”, a restaurant-bar-music hall in Santa Cruz, California.

Respondent was charged with fourteen violations of §§ 8(a)(1), (3) and (5) of the Act, 29 U.S.C. § 151 et seq. Subsequent to a hearing held in January, 1977, the Administrative Law Judge [ALJ] found that respondent had, in nine instances, violated the provisions of the Act, as charged. His decision was affirmed by the Board in June, 1977.

FACTS

On April 1, 1976, two representatives of the Hotel, Motel, Restaurant Employees and Bartenders International Union, Local No. 483 [the Union] met with four of respondent’s employees: Rice, Puhl, Ryerson and Petrovitch. Rice, Puhl and Ryerson were given union authorization cards and instructed to seek signatures among employees at “The Catalyst.”

During the first week of the card signing campaign respondent’s general manager, McShan, told Ryerson that Puhl had been trying to “organize the…