Pay'n Save Corporation v. National Labor Relations Board

Pay’n Save Corporation, engaged in retailing goods to the public, petitions this court to review and set aside an order of the National Labor Relations Board (NLRB); the NLRB eross-applies for enforcement of its order. The contested order was based on the NLRB’s finding that Pay’n Save had violated subsections 8(a)(1) and (3) of the National Labor Relations Act (the Act), 29 U.S.C. § 158 (a)(1) and (3), by maintaining and disparately applying an unwritten rule against wearing “controversial” buttons, including union buttons, and by suspending and later discharging two employees for engaging in protected union activities. The alleged violations took place during a union organizing campaign. The NLRB’s order required Pay’n Save to recognize and bargain with the union and to cease and desist from interfering with employees’ exercise of protected rights, to offer reinstatement and backpay to the discharged employees, and to post an appropriate notice.

Pay’n Save contends that its prohibition of controversial buttons was a justified business decision taken to avoid antagonizing customers, that the two employees were legitimately discharged for insubordination, and that the…