National Labor Relations Board v. Mercy Peninsula Ambulance Service, Inc.

The National Labor Relations Board (NLRB or the Board), pursuant to Section 10(e) of the National Labor Relations Act (NLRA or the Act), 29 U.S.C. §§ 151-169 , and 29 C.F.R. § 102.52 , applies to this court for enforcement of a supplemental order issued against Mercy Peninsula Ambulance Service, Inc. (Mercy). The supplemental order provided, in accordance with the Board’s previous finding that Mercy had violated § 8(a)(3) & (1) of the Act, that discriminatee Douglas Castle was entitled to receive backpay from Mercy in the amount of $7,659.56 plus interest at 7% per annum. We deny enforcement of the Board’s supplemental order.

I. Statement of the Case

Douglas Castle was employed by Mercy from October of 1973 to June 19, 1974. While in Mercy’s employ, Castle prepared and circulated a petition that listed pay grievances against Mercy and which ultimately was sent to the Employment Standards Administration of the Department of Labor. Castle’s activities were discovered by Mercy’s president and others. Castle was subsequently discharged. After his discharge, Castle filed charges against Mercy, claiming that Mercy had committed multiple violations of the Act in discharging him.

The…