National Labor Relations Board v. Inland Empire Meat Company

The National Labor Relations Board (Board) seeks enforcement of its order directing Inland Empire Meat Co. to cease discouraging union activity through threats or the discharge of employees and to compensate one employee for lost wages due to wrongful discharge. Inland asserts that the Board was time barred from complaining about certain activities occurring in November and December 1976 and further argues that there was insubstantial evidence to support the Board’s findings.

DISCUSSION:

(1) Statute of Limitations Issue

On May 3, 1977, Harold Finnigan, then a former employee of Inland, filed an unfair labor practice charge alleging that Inland had unlawfully terminated his employment on November 15, 1976 because of his union activities. The charge further alleged that the company had violated Section 7 of the National Labor Relations Act (Act) by “other acts and conduct”. Shortly thereafter, a complaint was issued charging that Inland had violated the Act by terminating Finnigan. The complaint was amended on August 17, 1977, and specifically alleged additional unlawful acts by the company during November and December 1976 as to other employees. These additional allegations were…