Clear Pine Mouldings, Inc., Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

Clear Pine Mouldings, Inc. (“Clear Pine” or “the company”) petitions for review of a decision by the National Labor Relations Board (“the Board”) that Clear Pine violated §§ 8(a)(1), (3), and (5) of the National Labor Relations Act, 29 U.S.C. §§ 158 (a)(1), (3), and (5), by improperly interrogating and reprimanding employees, by unilaterally altering the terms of employment, and by refusing to bargain in good faith with the International Woodworkers Ass’n (the union). Clear Pine also petitions for review of the Board’s bargaining order. The Board cross-petitions pursuant to 29 U.S.C. § 160 (e) for enforcement of its order.

This court will enforce the Board’s decision and order if the Board correctly applied the law and if its findings of fact are supported by substantial evidence on the record as a whole. Universal Camera Corp. v. NLRB, 340 U.S. 474, 488 , 71 S.Ct. 456, 465 , 95 L.Ed. 456 (1951); Los Angeles Marine Hardware Co. v. NLRB, 602 F.2d 1302 , 1305 (9th Cir. 1979). When conflicting testimony is presented at a hearing, the administrative law judge, having observed the witnesses and heard the testimony, is required to determine the credibility of witnesses. Great Chinese…