Bakery, Confectionery & Tobacco Workers & Grain Millers International Union, Local 37 v. National Labor Relations Board

*693 MEMORANDUM ***

Sara Lee Bakery Group, Inc. appeals the Board’s findings that Sara Lee violated § 8(a)(1) and (3) of the National Labor Relations Act by: 1) granting employees at its Vernon, California facility an extra vacation day and gainsharing benefits immediately preceding an election to recognize the Bakery Confectionary, and Tobacco Worker and Grain Millers International Union, Local 73 and; 2) terminating employee Macario Robledo on the basis of his support for unionization. The Union appeals the Board’s finding that Sara Lee did not improperly delay the announcement of additional planned benefits in an effort to influence the election.

We have jurisdiction over this case under Section 10(e) and (f) of the National Labor Relations Act. 29 U.S.C. § 160 (e) and (f) (2006). We must uphold the Board’s decision if its findings of facts are supported by substantial evidence in the record and it has correctly applied the law. See NLRB v. Howard Electric Co., 873 F.2d 1287, 1290 (9th Cir.1989).

Announcement of Benefits Prior to Representation Election

Granting benefits to employees in an effort to influence a representation election is an unfair labor practice: “The…