Zapex Corporation and Bdm Services Company v. National Labor Relations Board

On both jurisdictional and substantive grounds the petitioners-appellants object to an order of the National Labor Relations Board that would require them to make amends for a temporary failure to reinstate former economic strikers and to refrain in the future from similar unfair labor practices. The General Counsel of the Board cross-applies for enforcement of the order. This court has jurisdiction under sections 10(e) and (f) of the National Labor Relations Act, 29 U.S.C. § 160 (e), (f) (1976). Petitioners-appellants contend that because of their relationship to the United States Army they are not subject to the Act and that the Board’s reinstatement order was not supported by substantial evidence. We find no merit in the appellants’ contentions and grant enforcement of the order.

I.

FACTUAL BACKGROUND

For years BDM Services Company (BDMSC), a wholly owned subsidiary of BDM Corporation (BDM), has provided scientific and technical support to the Combat Development Experimentation Command (CDEC) of the United States Army at Fort Ord and Fort Hunter Liggett near Monterey, California. Until July 1975, Bell Aerospace Corporation (Bell) performed all maintenance work for the CDEC…