Loomis Courier Service, Inc. v. National Labor Relations Board

The National Labor Relations Board (Board), reversing the decision of an administrative law judge (ALJ), found that Loomis Courier Service Inc. (Loomis) had discriminatorily discharged its employees and thereafter treated those employees as “new hires” in violation of §§ 8(a)(1) and 8(a)(3) of the National Labor Relations Act (Act), 29 U.S.C. §§ 158 (a)(1) and (3). 235 NLRB No. 60 (1978). Loomis petitioned for review and the Board cross-petitioned for enforcement pursuant to §§ 10(e) and (f) of the Act, 29 U.S.C. §§ 160 (e) and (f). We grant the petition for review and deny enforcement of the Board’s order.

While the basic dispute in this case is factual, the parties raise several preliminary legal issues concerning the alleged unfair labor practice. Only the facts pertinent to resolving these issues are presented here.

Loomis is engaged in transporting checks, business documents, and records throughout California. It operates through branch offices grouped in northern and southern regions, the northern region consisting of branch offices in Salinas, San Jose, San Francisco, Sacramento, Manteca, and Fresno. Each branch hás a collective bargaining agreement with a local of the…

(dissenting):

I would grant enforcement of the Board’s order. While I do not disagree with Judge Wright’s statement of the proper standard of review when the Board and the Administrative Law Judge disagree, I do believe that the majority has misapplied the standard. Its scrutiny of the Board’s findings as they relate to the operation of Loomis with replacements and the reopening by Loomis of its Manteca operations results in the substitution of its judgment for that of the Board. “Close scrutiny” should not become the vehicle for ignoring reasonable inferences drawn by the Board from uncontested facts. An inference may be reasonable even though a contrary inference may be equally reasonable.

I respectfully dissent.

595 F.2d 491 101 L.R.R.M. (BNA) 2450 , 86 Lab.Cas. P 11,323 LOOMIS COURIER SERVICE, INC., Plaintiff-Appellant, v. NATIONAL LABOR RELATIONS BOARD, Defendant-Appellee. No. 78-1858. United States Court of Appeals, Ninth Circuit. April 18, 1979. Mark S. Ross, Lloyd W. Aubry, Atty., San Francisco, Cal., for plaintiff-appellant. Standau Weinbrecht, Washington, D.C., for defendant-appellee. Petition for Enforcement of an Order of the National Labor Relations Board. Before WRIGHT and SNEED, Circuit Judges, and HAUK, * District Judge. EUGENE A. WRIGHT, Circuit Judge. 1 The National Labor Relations Board (Board), reversing the decision of an administrative law judge (ALJ), found that Loomis Courier Service Inc. (Loomis) had discriminatorily discharged its employees and thereafter treated those employees as "new hires" in violation of §§ 8(a)(1) and 8(a)(3) of the National Labor Relations Act (Act), 29 U.S.C. §§ 158 (a)(1) and (3). 235 NLRB No. 60 (1978). Loomis petitioned for review and the Board cross-petitioned for enforcement pursuant to §§ 10(e) and (f) of the Act, 29 U.S.C. §§ 160 (e) and (f). We grant the petition for review and deny enforcement…