McDonnell Douglas Corporation v. National Labor Relations Board, and Robert H. Mourning, Intervenor

The National Labor Relations Board found that McDonnell Douglas had committed unfair labor practices in violation of §§ 8(a)(1) and 8(a)(3) of the National Labor Relations Act, 29 U.S.C. §§ 158 (a)(1) and (3), by firing Robert Mourning for union activity and by warning Malcolm Campbell not to become involved in union activity. McDonnell Douglas petitioned this court for review under § 10(f) of the Act, 29 U.S.C. § 160 (f). The Board cross-petitioned for enforcement of its order to cease the unfair labor practices and to reinstate Mourning with back pay. Mourning intervened in support of the Board. We enforce the Board’s order.

I.

McDonnell Douglas employed five transport pilots, including Mourning and Campbell, to ferry company executives and other persons between company facilities in southern California. The transport pilots also flew “chase” missions, photo missions, test flights, and instruction flights for new company pilots. Usually, the transport pilots flew alone, but some flights required a copilot. The transport pilots therefore alternated as pilots in command and copilots; their job required that they serve in each position at different times. Mourning usually flew as…