National Labor Relations Board v. ATC, LLC
Opinion
Lead Opinion
MEMORANDUM **
The National Labor Relations Board (Board) applies for enforcement of a final order of an Administrative Law Judge (ALJ), adopted by the Board, determining that ATC, LLC d/b/a ATC of Nevada (ATC) violated sections 8(a)(1), 8(a)(2), and 8(a)(5) of the National Labor Relations Act (Act), 29 U.S.C. §§ 151-169 . We have jurisdiction pursuant to 29 U.S.C. § 160 (e), and we enforce the Board’s order.
Substantial evidence supports the Board’s finding that ATC’s questioning of certain employees of the Amalgamated Transit Union, Local 1637 (Union) was coercive interrogation in violation of section 8(a)(1) of the Act. 29 U.S.C. § 158 (a)(1). The questioning was performed at the behest of ATC’s Human Resources Manager and a number of other ATC supervisors; the employees were questioned together in the same room at ATC’s offices in the presence of the Human Resources Manager; and the employees were threatened with the imposition of disciplinary suspensions upon their initial refusal to submit to questioning. These facts are sufficient to sustain the Board’s finding of coercive interrogation. NLRB v. Los Angeles New Hosp., 640 F.2d 1017, 1019-20 (9th Cir. 1981).