National Labor Relations Board v. Flat Dog Productions

MEMORANDUM **

The National Labor Relations Board petitions for enforcement of its order finding that respondent unlawfully discharged striking employees for engaging in an economic strike. We have jurisdiction under 29 U.S.C. § 160 (e) and we GRANT the requested relief.

‘We will enforce a decision of the NLRB if ‘its findings of fact are supported by substantial evidence and if the Board correctly applied the law....’” New Breed Leasing Corp. v. NLRB, 111 F.3d 1460, 1464 (9th Cir.1997) (quoting Retlaw Broad. Co. v. NLRB, 53 F.3d 1002 , 1005 (9th Cir.1995)).

Respondent Flat Dog Productions, Inc., (“Flat Dog”) contends that insufficient evidence supported the Board’s finding that Flat Dog discharged striking employees in violation of sections 8(a)(3) and (a)(1) of the National Labor Relations Act, 29 U.S.C. §§ 158 (a)(3) and (a)(1). We disagree. The test for determining whether the workers were discharged “is whether a reasonable employee would have believed he was terminated by the employer’s conduct.” NLRB v. Champ Corp., 933 F.2d 688, 693 (9th Cir.1990). Orally and in writing, a top management official of Flat *550 Dog unambiguously communicated to striking workers that they…