National Labor Relations Board v. Bighorn Beverage

The National Labor Relations Board (Board) petitions for enforcement of its order entered pursuant to section 10(e) of the National Labor Relations Act (Act), 29 U.S.C. § 160 (e). Respondent Bighorn Beverage, was charged with violating section 8(a)(1) and (3) of the Act, 29 U.S.C. § 158 (a)(1) and (3). A hearing was held before an administrative law judge who found that the respondent had violated the Act. The decision was upheld by the Board and its order requires the respondent to cease the unfair labor practices found, to reinstate a discharged employee and to recognize and bargain with the union. We enforce the order in part and vacate in part.

I

We will enforce the Board’s order if the Board correctly applied the law and if the Board’s findings of fact are supported by substantial evidence on the record as a whole. See Universal Camera Corp. v. NLRB, 340 U.S. 474, 488 , 71 S.Ct. 456, 464 , 95 L.Ed. 456 (1951); Los Angeles Marine Hardware Co. v. NLRB, 602 F.2d 1302 , 1305 (9th Cir. 1979). Although the parties offered conflicting testimony at the hearing, it is the function of the administrative law judge who observes the witnesses and hears their testimony to determine…