Alexander Dawson, Inc., D/B/A Alexander's Restaurant and Lounge v. National Labor Relations Board

Alexander Dawson, Inc. (the company), pursuant to section 10(f) of the National Labor Relations Act, 29 U.S.C. § 160 (f), petitioned for review of an order of the National Labor Relations Board which found that the company had violated section 8(a)(1) and 8(a)(3) of the Act, 29 U.S.C. § 158 (a)(1) and (3). The Board cross-petitioned for enforcement. We find that the order is supported by substantial evidence and therefore dismiss the petition for review and grant the Board’s petition for enforcement.

FACTS

In 1974 the company began construction of a restaurant and lounge in Las Vegas, Nevada. The company admittedly intended to operate the restaurant on a nonunion basis and so informed its management and supervisors. It realized that maintaining nonunion status could prove difficult because most such establishments in the Las Vegas area were organized and under contract with the Culinary Workers Union. The company consulted attorneys for advice as to how to maintain nonunion status and sent a representative to a conference on that topic. The company informed its supervisors of its desire to remain nonunion and emphasized its policy during the interviewing and hiring…