Anja Engineering Corporation v. National Labor Relations Board

Anja Engineering (“Anja” or “Company”) petitions for review and to set aside an order of the National Labor Relations Board (“Board”), 256 N.L.R.B. No. 161, finding that Anja discriminatorily discharged employee Betty Hoffman in violation of sections 8(a)(1) and (3) of the National Labor Relations Act (“Act”). 1 The Board cross-applies for enforcement of its order.

I. FACTS

On May 21,1979, the Southern California Printing and Paper Products Union (“Union”) filed a petition with the Board for certification as the exclusive representative of the production and maintenance employees of Anja. The election was held on August 31, 1979, where 100 votes were cast for the Union and 103 against.

Betty Hoffman, an Anja employee since November, 1973, was an active member of the Union’s unsuccessful 1977 campaign for representation, serving on the Union’s organizing committee. After the failure of the 1977 organization attempt, Hoffman served on Anja’s health and safety, first aid, and Christmas committees. Hoffman apparently supported the Union’s 1979 attempt at organizing the Anja employees by distributing authorization cards and advocating the organizing effort in the company’s…

dissenting:

I dissent from the majority opinion.

The majority decision represents a significant and ill-advised break with the deference we have always given “to the reasonable derivative inferences drawn by the Board from credited evidence.” NLRB v. Big Bear Supermarket No. 3, 640 F.2d 924 (1980). The standard of giving deference to the Board’s inferences is based upon recognition of the Board’s expertise in the field of labor relations. Penasquitos Village, Inc. v. NLRB, 565 F.2d 1074, 1079 (9th Cir. 1977). See also Universal Camera Corp. v. NLRB, 340 U.S. 474, 488 , 71 S.Ct. 456, 464 , 95 L.Ed. 456 (1951). The standard of review we have always applied when assessing the legitimacy of the Board’s inferences is that we will uphold the Board’s conclusions if they are supported by substantial evidence. Los Angeles Marine Hardware Co. v. NLRB, 602 F.2d 1302 , 1305 (9th Cir. 1979). “This standard of review does not change merely because the Board reaches a conclusion contrary to that of the ALJ.” NLRB v. Warren L. Rose Castings, Inc., 587 F.2d 1005, 1008 (9th Cir. 1978). Obviously, we do not approve the Board’s findings if they are only based on speculation. Substantial evidence…

685 F.2d 292 111 L.R.R.M. (BNA) 2089 , 95 Lab.Cas. P 13,769 ANJA ENGINEERING CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Nos. 81-7509, 81-7607. United States Court of Appeals, Ninth Circuit. Argued June 10, 1982. Submitted June 17, 1982. Decided Aug. 24, 1982. Stuart H. Young, Jr., Hill, Farrer & Burrill, Los Angeles, Cal., for petitioner. Corinna L. Metcalf, N. L. R. B., Washington, D. C., for respondent. Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board. Before ANDERSON and FERGUSON, Circuit Judges, and CROCKER, * Senior District Judge. J. BLAINE ANDERSON, Circuit Judge: 1 Anja Engineering ("Anja" or "Company") petitions for review and to set aside an order of the National Labor Relations Board ("Board"), 256 N.L.R.B. No. 161, finding that Anja discriminatorily discharged employee Betty Hoffman in violation of sections 8(a)(1) and (3) of the National Labor Relations Act ("Act"). 1 The Board cross-applies for enforcement of its order. I. FACTS 2 On May 21, 1979, the Southern California Printing and Paper Products Union ("Union") filed a petition with the Board for certification as the…