National Labor Relations Board v. Leavitt J. Cofer, Eunice Cofer, and Travelodge International, Inc., a Partnership, D/B/A Marysville Travelodge

The National Labor Relations Board (the Board) seeks enforcement of its order directing Leavitt J. Cofer, Eunice Cofer and Travelodge International, Inc. (Travelodge), a partnership, to reinstate four dismissed employees, with back pay, and to bargain with Hotel Restaurant Employees & Bartenders Union, Local No. 49 (the Union). The issues are: (1) whether the Board properly exercised its discretionary jurisdiction, (2) whether there is substantial evidence in the record considered as a whole that the employees were dismissed for engaging in protected activity, and (3) whether the bargaining order was appropriate. We answer all three questions in the affirmative, and enforce the order.

I

In September 1974, the Cofers and Travelodge executed a standard form joint venture agreement, the purpose of which was “the joint operation of a motel known as the Marysville Travelodge,” located in Marysville, California. The Cofers and Travelodge each have a 50% interest in the motel.

The Cofers employed William and Dorothy Loy as managers of the motel. On February 25, 1976, the motel employed six maids, one maintenance man, and a temporary painter. That morning Mr. Loy assigned maid Nora K.…