Bill Johnson's Restaurants, Inc. v. National Labor Relations Board

On April 30, 1980, the National Labor Relations Board affirmed a ruling by an administrative law judge that appellant Bill Johnson’s Restaurants had committed unfair labor practices by discharging a waitress, interrogating other employees, and by threatening reprisals against and filing and prosecuting a state court lawsuit against picketers who were protesting unfair labor practices. The Board ordered the restaurant to reinstate the discharged waitress, with back pay, to reinstate the three other waitresses who went on strike and to withdraw the lawsuit from state court. The restaurant seeks review of the Board’s order under section 10(f) of the National Labor Relations Act, 29 U.S.C. § 160 (f). The Board cross-petitions for enforcement. We enforce the order of the Board.

FACTS

The following facts were found by the administrative law judge and affirmed by the Board. In February 1972, Ruth Helton began working at Bill Johnson’s Big Apple East, one of four restaurants owned and operated by Bill Johnson’s Restaurants, Inc., in the Phoenix, Arizona, metropolitan area. The corporation is owned by the Johnson family. By summer 1978, Helton was one of the two most senior waitresses at…