Cubitt
National Labor Relations Board v. Cubitt
Opinion
Lead Opinion
ORDER AND MEMORANDUM **
The memorandum disposition filed January 11, 2005 is hereby withdrawn.
The National Labor Relations Board seeks enforcement of the order it issued against David G. and Brenda Cubitt, d.b.a. Grass Valley Grocery Outlet (“the Company”). Largely adopting the findings made by the Administrative Law Judge (ALJ) in his September 6, 2002, Order, 1 the Board held that the Company had violated § 8(a)(1) of the National Labor Relations Act (NLRA), which defines it as an “unfair labor practice” for “an employer to ... interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in § 157 of this Title.” The rights enumerated under § 157 of the Act include “the right to ... form, join or assist labor organizations.” 29 U.S.C. § 157 . Based on the two violations it found, the Board ordered a new union election. We have jurisdiction to review the Board’s decisions under § 10(e) of the NLRA. 29 U.S.C. § 160 (e).
The Company argues that the Board’s findings were not supported by substantial evidence. We disagree. On the finding of illegal surveillance, the Board adopted the ALJ’s factual findings that Doug Cubitt “st[ood] ... with his arms…