California Acrylic Industries, Inc. v. National Labor Relations Board

Following a contentious union organization campaign, the majority of employees at California Acrylic Industries, Inc., d/b/a Cal Spas (“Cal Spas”), voted to strike. Soon thereafter, the employees began picketing Cal Spas’ facility. Within a month, the strikers unconditionally offered to return to work; Cal Spas, having hired replacements, refused their offer. The National Labor Relations Board (“NLRB”), adopting the recommended order of an Administrative Law Judge (“ALJ”), ruled that the strike was an unfair labor practice strike and ordered Cal Spas to reinstate the striking employees with back pay. Cal Spas timely petitions this court for review of the NLRB’s order. The NLRB cross-petitions for enforcement of its order. We enforce the NLRB’s order in part and deny enforcement in part.

BACKGROUND

Cal Spas manufactures spas, gazebos, saunas, and pool tables at its facility in Pomona, California. In March of 1998, the United Electrical, Radio and Machine Workers of America (the “Union”) began an organization campaign among the production and maintenance employees at Cal Spas’ Pomona facility.

During the organization campaign, Cal Spas engaged in several unfair labor practices:…