J. M. Tanaka Construction, Inc. v. National Labor Relations Board, R. M. Tanaka Construction, Inc. v. National Labor Relations Board

J. M. Tanaka Construction Company (J. M. Tanaka) and R. M. Tanaka Construction Company (R. M. Tanaka) petition for review of a National Labor Relations Board (Board) order. The order adopted the findings of fact and conclusions of law of the Administrative Law Judge (ALJ) and substantially adopted the ALJ’s recommended order.

The Board found that J. M. Tanaka and R. M. Tanaka were alter egos and thus constituted a single employer within the meaning of the National Labor Relations Act (Act). So finding, the Board held the companies to be in violation of § 8(a)(1) and (5) of the Act by virtue of their (1) unilateral withdrawal of recognition from the union and repudiation of an existing collective bargaining agreement, (2) failure to make fringe benefit payments to the union, (3) requirement that employees sign an agreement that the company is nonunion, and (4) interrogation of employees with respect to union activities and sympathies.

We grant the Board’s cross-petition for enforcement.

FACTS

Prior to the events at issue here, J. M. Tanaka was a construction company headquartered in Honolulu with operations on Oahu and in Kona. Raymond Tanaka (Tanaka) is J. M. Tanaka’s…