National Labor Relations Board v. Certified Grocers of California, Ltd.

The National Labor Relations Board (the Board) has petitioned for enforcement of its Order against respondent Certified Grocers of California, Ltd., (the Company). The Board’s Decision and Order, reported at 227 N.L.R.B. 1211 (1977), found that the Company violated Section 8(a)(1) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1), by requiring employee Eric Vaughan to meet with plant manager Bill Riddle without union representation when, because he reasonably feared he might be disciplined, Vaughan had requested the presence of a shop steward. The Board held this conduct violated the mandate of NLRB v. J. Weingarten, Inc., 420 U.S. 251 , 95 S.Ct. 959 , 43 L.Ed.2d 171 (1975). We disagree and deny enforcement.

The parties waived an administrative hearing because the facts were undisputed. We summarize the facts based on the Board’s uncontested findings.

Prior to the meeting, Riddle had recommended to his supervisor, Robert Walz, that Vaughan be given a disciplinary layoff for low production. Walz agreed, and his office issued a disciplinary notice on October 16, 1975. That same day Vaughan was summoned to Riddle’s office. Vaughan reasonably feared that he would be…