Polynesian Cultural Center, Inc. v. National Labor Relations Board

This action is before us on a petition filed by the Polynesian Cultural Center (hereinafter PCC) to review and set aside the National Labor Relations Board’s order and the cross-application by the NLRB for enforcement of that order. The decision of the Board is reported at 222 NLRB 172 . The PCC challenges both the substantiality of the evidence supporting the Board’s conclusion that the PCC violated sections 8(a)(1) and (3) of the National Labor Relations Act by discharging six employees and by refusing to hire another person and the propriety of the reinstatement and back pay orders entered by the Board. PCC also asserts, for the first time in a supplemental brief filed in connection with this appeal, that the NLRB lacks jurisdiction over it because of the Religion Clauses of the First Amendment. For reasons set forth hereafter, we refuse to consider the jurisdictional issue. Also we find that the PCC’s actions were in violation of the Act, but we hold that certain of the specific remedial orders entered by the Board were inappropriate and accordingly limit enforcement of the order.

I. Facts

A. The Dispute

The Polynesian Cultural Center, Inc. is a nonprofit corporation wholly…