National Labor Relations Board v. Mike Yurosek & Son, Inc.
Opinion
Opinion
Boochever, J.
The National Labor Relations Board (“the Board”) found that the company, Mike Yuro-sek & Son, Inc. (“Yurosek”), violated 29 U.S.C. § 158 (a)(1) by discharging four employees after they refused to obey their supervisor’s directive to work an extra hour. The Board held that the employees’ refusal to work constituted a protected concerted activity, and the Board ordered Yurosek to offer the employees reinstatement and back-pay. The Board now seeks enforcement of its order. We affirm the Board’s findings and grant enforcement of its order.
FACTUAL BACKGROUND
Mike Yurosek & Son, Inc., is a vegetable packing company. Santos Diaz, Antonio Lopez, Rafael Naraes, and Jose Rivera worked on the dock crew, and each had been employed by Yurosek between nine and fifteen years.
In early September 1990, warehouse manager Juan Garza announced to the dock crew members that he was reducing their hours to approximately thirty-six hours a week. Some of the employees complained that the new schedule would not provide “enough time to finish the work.” Garza apparently responded: “That’s the way it’s going to be- You are going to punch [out] ... exactly at the time that I tell you.”