National Labor Relations Board v. Bakers of Paris, Inc.

Good Law
91 Daily Journal DAR 3977·929 F.2d 1427·137 L.R.R.M. (BNA) 2007·1991 U.S. App. LEXIS 5567·91 Cal. Daily Op. Serv. 2500
United States Court of Appeals for the Ninth CircuitApril 8, 199189-70050California10,971 words

Opinion

Opinion

Tang, J.

The National Labor Relations Board (“Board”) has petitioned for enforcement of its bargaining order issued to Bakers of Paris, Inc. (“Bakers” or “Company”), and reported at 288 N.L.R.B. 991 (1988). The issues before us concern the proper means of confronting non-English-speaking witnesses with prior statements written in English, and the use of interpreters in administrative proceedings. Bakers also challenges the Board’s finding that at one time a majority of employees within the appropriate bargaining unit supported collective bargaining. In opposing enforcement, Bakers further contends the Board’s bargaining order is not a proper remedy in light of the passage of time and the turnover in personnel occurring between the commission of the unfair labor practices and the issuance of the bargaining order. We conclude that the bargaining order must be enforced.

FACTS AND PROCEDURAL BACKGROUND

Bakers is a production French bakery located in South San Francisco, California. In 1983 and 1984, the Company primarily employed immigrants from Southeast Asia who spoke little or no English. In September 1983, several Bakers employees met at the home of David York, a business agent of the…

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