National Labor Relations Board v. Catalina Yachts

The National Labor Relations Board seeks enforcement of its order against Catalina Yachts. The Board found that Catalina Yachts violated Sections 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1) and (3), during an organizational drive by soliciting employee grievances, by promising and granting benefits to discourage union support, by seriously interrogating employees about their activities, and by discharging Santiago Cuellar for his union activities. The Board ordered Catalina Yachts to cease and desist from continuing the unfair labor practices and to reinstate Cuellar with compensation to cover any losses he suffered as a result of the discharge. The Board also ordered a new election. Catalina Yachts contests the Board’s order.

The findings of the Board must be upheld if they are supported by substantial evidence on the record as a whole. Universal Camera Corp. v. Labor Bd., 340 U.S. 474, 490 , 71 S.Ct. 456, 465 , 95 L.Ed. 456 (1951); N.L.R.B. v. Fort Vancouver Plywood Co., 604 F.2d 596, 599 (9th Cir. 1979), cert. denied, 445 U.S. 915 , 100 S.Ct. 1275 , 63 L.Ed.2d 599 (1980); N.L.R.B. v. Ayer Lar Sanitarium, 436 F.2d 45, 48 (9th Cir. 1970).

There…