N.L.R.B. v. Squire Shops, Inc.
| Decision Date | 28 July 1977 |
| Docket Number | No. 75-3067,75-3067 |
| Citation | 559 F.2d 486 |
| Parties | 96 L.R.R.M. (BNA) 2213, 82 Lab.Cas. P 10,119 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SQUIRE SHOPS, INC., Respondent. |
| Court | U.S. Court of Appeals — Ninth Circuit |
John D. Burgoyne, Atty., N. L. R. B., Washington, D. C., argued for petitioner.
J. Markham Marshall, Preston, Thorgrimson, Ellis & Fletcher, Seattle, Wash., argued for respondent.
On Application for Enforcement of an Order of the National Labor Relations Board.
Before HUFSTEDLER, SNEED and KENNEDY, Circuit Judges.
The Board applies for enforcement of its order requiring Squire Shops to cease and desist from unfair labor practices, to reinstate with back pay a discharged employee, to recognize and bargain with the Union as the exclusive collective bargaining representative of the employees in the unit, to execute a contract it negotiated with the Union, to make whole the Union and unit employees for any losses suffered because of the refusal to execute the negotiated contract, and to post appropriate notices. The decision and order of the Board are reported at 218 NLRB No. 26. We grant enforcement.
The key factual findings upon which the Board's order rests are supported by substantial evidence on the record as a whole and will not be disturbed. Universal Camera Corp. v. N.L.R.B., 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1951). The Board found that Squire Shops violated § 8(a)(1) of the Act by coercively interrogating an employee concerning his union activities, by threatening to discharge an employee because of his activity on behalf of the Union, by soliciting employee grievances and promising to remedy them after receiving notice of the Union's petition for certification, and by granting wage increases to members of the unit. The Board also found that the employer discharged employee Rider in retaliation for his Union activities and his testimony in favor of the Union at the Board hearing, thus violating §§ 8(a) (1), (3), and (4) of the Act. Further, the Board found that the employer had violated §§ 9(a)(1) and (5) of the Act by refusing to execute a collective bargaining agreement negotiated between representatives of management and the Union.
We believe substantial evidence supports the Board's findings of coercive interrogation, threats of discharge because of union activity, grievance solicitation, the granting of wage increases to discourage organizational...
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...activity is clearly a violation of § 8(a)(1). Free-Flow Packaging Corp. v. NLRB, 566 F.2d 1124, 1131 (CA9 1978); NLRB v. Squire Shops, Inc., 559 F.2d 486, 487 (CA9 1977). Unfortunately, this is a very difficult case for our review since the issues rest fundamentally on the credibility of va......
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N.L.R.B. v. Broadmoor Lumber Co.
...union activity is a violation of § 8(a)(1). Free-Flow Packaging Corp. v. NLRB,566 F.2d 1124, 1131 (C.A.9 1978); NLRB v. Squire Shops, Inc., 559 F.2d 486, 487 (C.A.9 1977). The record clearly shows that the interrogation took place. First, several of the sales clerks testified before the ALJ......
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N.L.R.B. v. Randall P. Kane, Inc.
...form of conduct in violation of § 8(a)(1). Free-Flow Packaging Corp. v. NLRB, 566 F.2d 1124, 1131 (CA9 1978); NLRB v. Squire Shops, Inc., 559 F.2d 486, 487 (CA9 1977). Here there is substantial evidence that Kane and his supervisors, McShan and Widin, repeatedly violated § 8(a)(1) both duri......