National Labor Relations Board v. Flite Chief, Inc. Richard Miller and Karen Miller M & M Truckadero Coffee Shop, Inc. James Miller and Paul Minder

Petition for review from an Order of the National Labor Relations Board.

Prior to this backpay proceeding, the Board had found that Flite Chief violated the Act by discharging all of its coffee shop employees because of their union activities. This Court ordered enforcement of the Board’s order. N.L.R.B, v. Flite Chief, 566 F.2d 1182 (9th Cir., 1974).

The parties being unable to agree upon the amount of backpay due the discriminatees, the Regional Director instituted the instant proceeding by the issuance of a backpay specification. Flite Chief denied any liability as to discriminatee Johnson, and claimed that it owed Templeton only a fraction of what was claimed in the specification. Although other discriminatees were involved, this appeal does not concern them.

After a 3-day hearing, the Administrative Law Judge (ALJ) issued detailed findings recommending $1,080. for Johnson and $5,856. for Templeton. A panel of the Board affirmed the award to Johnson, and increased Templeton’s to $23,803. This appeal followed.

Johnson

The only issue in Johnson was whether he was an employee at the time of the discharge, July 22, 1974. The General Counsel and Flite Chief agreed…