Karl Kallmann, D/B/A Love's Barbeque Restaurant, No. 62, and Cross v. National Labor Relations Board, And

Karl Kallmann, d/b/a Love’s Barbeque Restaurant (Kallmann), seeks to review and set aside an order of the National Labor Relations Board (Board). The Board cross-petitions for enforcement of its order. The Board found that Kallmann was a successor to Love’s Wood Pit Barbeque Restaurant (Love) and that Kallmann had violated section 8(a) of the National Labor Relations Act (Act), 29 U.S.C. § 158 (a), by refusing to hire the former Love employees because of their union affiliation and by harassing the former employees during their picketing of Kallmann’s restaurant. Consequently, the Board ordered that all forty former employees be reinstated and given back pay. We affirm the part of the Board’s order finding violations of the Act, but remand for further proceedings on reinstatement and back pay.

STATEMENT OF FACTS

The Hotel, Motel & Restaurant Employees & Bartenders Union (Union), intervenors in this suit, filed an unfair labor practice suit against Love and Kallmann. The following facts were presented at a hearing before an Administrative Law Judge (AU).

Love, a California corporation, operates and franchises restaurants. Love opened Love’s Wood Pit Barbeque Restaurant…