Photo-Sonics, Inc., Instrumentation Marketing Corporation, Photo Digitizing Systems, Inc. v. National Labor Relations Board

Photo-Sonics, Inc., Instrumentation Marketing Corporation, and Photo Digitizing Systems, Inc. (Petitioner), petition for review of a National Labor Relations Board (Board) decision. The Board cross-applies for enforcement of its order.

The Administrative Law Judge (ALJ) concluded that Petitioner violated section 8(a)(1) of the National Labor Relations Act (Act), 29 U.S.C. § 158 (a)(1), by interrogating employees, threatening economic reprisals, and promising benefits if the employees voted against the Union. The ALJ also found that Petitioner interfered with a representation election. The Board unanimously affirmed the ALJ’s findings and conclusions. It also concluded that Petitioner violated section 8(a)(1) by confiscating union literature.

Petitioner contends that the Board’s decision is invalid because it was not made by a properly constituted three-member panel. It also contends that the ALJ and the Board improperly construed the evidence and made numerous procedural errors. We enforce the Board’s order.

PENELLO’S RESIGNATION

Pursuant to section 3(b) of the Act, 29 U.S.C. § 153 (b), a three-member panel of the Board heard this case. Before its decision was announced, one…