Alfred M. Lewis, Inc., and v. National Labor Relations Board, And

Alfred M. Lewis, Inc. (the Company), petitions for review of a supplemental order entered by the National Labor Relations Board (Board) in the compliance proceedings that followed this court’s enforcement of the original order of the Board. The Board cross-applies for enforcement of the supplemental order. We enforce the order as modified below.

In 1975 the Company adopted a production quota system that included procedures for counseling and disciplining employees who failed to meet the quota. George McCown and two other employees were fired for not meeting the quota. The Board later found that the production quota system violated § 8(a)(5) and (1) of the National Labor Relations Act because the Company had instituted the system without first bargaining with the union and had prohibited employees from having union representation at the counseling sessions. 229 N.L.R.B. 757 (1977). We enforced the Board’s order in Alfred M. Lewis, Inc. v. NLRB, 587 F.2d 403 (9th Cir. 1978). Our judgment required the Company to reinstate and make whole all employees who had been discharged “solely as a result of” the production quota system.

The Company made whole all the affected employees except…