Eads Transfer, Inc., Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

Eads Transfer, Inc. ("Eads”) petitions for review of a decision and order issued by the National Labor Relations Board (“Board”), and the Board cross-petitions for enforcement of its order issued on August 27, 1991 and reported at 304 N.L.R.B. No. 90. The Board ruled that Eads violated § 8(a)(1) and (3) of the National Labor Relations Act (“NLRA”), 29 U.S.C. § 158 (a)(1) and (3) by failing to inform employees of a lockout and refusing to reinstate seven striking employees who offered to return to work unconditionally. Eads argues that the Board erred because there were substantial and legitimate business reasons for not reinstating the striking workers and there was no evidence of antiunion motivation. We have jurisdiction under 29 U.S.C. § 160 (e) and (f). We deny the petition for review and enforce the Board’s order.

BACKGROUND

Eads is a moving and storage company located in Olympia, Washington. Since at least 1973, the exclusive bargaining representative of Eads’ drivers, packers, and warehousemen has been the General Teamsters, Chauffeurs, and Helpers Union Local 378, affiliated with International Brotherhood of Teamsters, Chauffeurs, Ware-housemen and Helpers of America,…