National Labor Relations Board v. W. Carter Maxwell, Dba Pioneer Concrete Co.

The National Labor Relations Board petitions for enforcement of its order against an employer, W. Carter Maxwell. The order is based upon findings by the Administrative Law Judge and the Board that Maxwell violated §§ 8(a)(3) and (1) of the National Labor Relations Act by discharging an employee, Cantrell, and violated § 8(a)(1) of the Act by requesting another employee, Bower, to deliver Maxwell a copy of the written statement that Bower had submitted to the Board during its investigation of Cantrell’s discharge. Finding the decision of the Administrative Law Judge and the Board supported by substantial evidence, we enforce the order. Because we base our decision entirely on the § 8(a)(1) violations, which are sufficient to support enforcement, we need not reach the § 8(a)(3) issue.

1. Factual Background:

Employer Maxwell has been engaged since 1950 as a sole proprietor in the business of producing and selling ready mixed concrete. At the time this case arose he employed five drivers, one of whom was Cantrell. The company was run on an informal basis. The drivers were not required to punch time cards and were paid for 40 hours per week, 52 weeks per year, whether they were…