Golden Day Schools, Inc. v. National Labor Relations Board

Employees of Golden Day Schools, Inc., a proprietary child care facility, held meetings at which the benefits of unionization were discussed. At least thirteen participants were interrogated about the meetings, and eight were fired. Employees picketed Golden Day and distributed leaflets. Five additional employees' were discharged.

The union filed an unfair labor practice charge. The Board found Golden Day had violated section 8(a)(1) of the National Labor Relations Act by coercively interrogating employees concerning their interest in the union and asking one employee to renounce her membership. The Board also found Golden Day had violated sections 8(a)(1) and (3) of the Act by discharging the 13 employees for union activity, and ordered reinstatement with back pay.

I.

Golden Day argues the Board should have exercised its discretion not to assert jurisdiction over Golden Day because Golden Day operates as an “adjunct” to the California school system, performing services “intimately connected” with the purposes of the school system, within the meaning of prior Board decisions declining to exercise jurisdiction over private employers standing in such a relationship to an exempt…