Butler-Johnson Corporation v. National Labor Relations Board

The Board found that petitioner violated Section 8(a)(1) and (3) of the National Labor Relations Act (the Act), 29 U.S.C. § 158 (a)(1) and (3), by the coercive conduct of a supervisor and by the discriminatory discharges of two warehousemen. The Board’s decision reversed that of the Administrative Law Judge (ALJ) on all issues.

The company petitioned for review of the Board’s decision, and the Board filed a cross-application for enforcement of its order requiring the employer to cease and desist unfair labor practices and to reinstate the discharged employees with back pay. This court’s jurisdiction derives from Section 10(e) and (f) of the Act, 29 U.S.C. § 160 (e) and (f).

We hold that the conduct of the supervisor is not attributable to the employer and that both discharges were for legitimate business reasons. We reverse the decision of the Board and deny enforcement of its order.

FACTS

Petitioner, Butler-Johnson Corporation, located in Sacramento, is a wholesale distributor of building and flooring materials. Its president is Dan Ford. In 1975, Ford named Joe Secco the “internal operations manager” in charge of office sales and accounting personnel, warehousemen, and truck…