Doug Hartley, Inc. v. National Labor Relations Board

Petitioner Doug Hartley, Inc. (“the Company”) seeks review of an NLRB order. The NLRB found that the Company committed an unfair labor practice under sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1), (5) (1976), in discharging a particular crew. The NLRB cross-appeals for enforcement of its order. We find, as the Company urges, that no substantial evidence supports the Board’s decision in this case. Therefore, we decline to enforce the order of the Board.

The material facts can be briefly stated. The issue before the Administrative Law Judge and the Board was the motive for the Company’s discharge of a crew on August 5, 1979. The Company had been working for several months as a construction subcontractor, installing doors and windows. One Seymour supervised the crew who did the actual installation. This crew, by all accounts, performed work of extremely poor quality. On August 3, 1979, Doug Hartley, owner of the Company, was told that if the crew’s mistakes at one particular jobsite were not remedied by Monday, August 6, the Company would lose the subcontract. Hartley therefore ordered Seymour to have the problems fixed over the weekend.…