National Labor Relations Board v. Best Products Company, Inc.

This case is before the Court on application by the NLRB for enforcement of its Order of June 19, 1978 citing Best Products Company, Inc. (Best) for unfair labor practices in violation of Sections 8(a)(4), 8(a)(3) and 8(a)(1) of the National Labor Relations Act. The Board’s finding arises out of a two-month suspension of Best employee Shirley P. Smith in January 1977. The Administrative Law Judge (A.L.J.) initially found that this suspension was in response to Smith’s excessive absenteeism, and dismissed the charges against Best. The Board reversed that finding, however, and held that the suspension was prompted by Smith’s Union activity, and was thus an unfair labor practice. The Board’s Order requires Best to cease and desist from unfair labor practices, and to provide Smith with back pay for the suspension period. We conclude that enforcement of that order should be denied.

Best Products Company, a Virginia corporation, is a nationwide showroom merchandiser with two locations in the Sacramento area. In the summer of 1975 authorization cards for Local 588, Retail Clerks International Association (the Union) were distributed to employees of both Sacramento, Cali fornia…