Ad Art, Inc. v. National Labor Relations Board

INTRODUCTION

Ad Art, Inc. (Ad Art) petitions for review of a decision of the National Labor Relations Board (NLRB), 238 NLRB 159 (1978). The Board cross-applies for enforcement of its order.

This controversy arose when Ad Art discharged one of its employees. The union grieved the discharge under the collective bargaining agreement and pursued it through arbitration. An arbitrator found that the discharge was “just and lawful” under the collective bargaining agreement. The NLRB refused to defer to the arbitrator’s decision. The Board found that Ad Art violated section 8(aXl), 29 U.S.C. § 158 (a)(1), by discharging the employee for exercising protected rights.

Ad Art argues that the Board abused its discretion in refusing to defer to the arbi-tral award. It further argues that if the refusal was proper, the Board failed to find an unlawful motivation for the discharge.

We enforce the Board’s order.

FACTS

The facts are complex but largely undisputed. Ad Art manufactures and services electric signs in California and Nevada. James Wydner was employed by Ad Art for fifteen years prior to his discharge in December 1976. The events culminating in his discharge covered several years,…