N.L.R.B. v. Overseas Motor, Inc., 82-1645
| Decision Date | 23 November 1983 |
| Docket Number | No. 82-1645,82-1645 |
| Citation | 721 F.2d 570 |
| Parties | 114 L.R.R.M. (BNA) 3447, 99 Lab.Cas. P 10,580 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. OVERSEAS MOTOR, INC., Respondent. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., Susan L. Dolin (argued), Detroit, Mich., for petitioner.
Samuel Demrovsky, Livonia, Mich., Lawrence F. Raniszeski, Colombo & Colombo, Birmingham, Mich., Alvin S. Rappaport (argued), LaJolla, Cal., for respondent.
Before KEITH and MARTIN, Circuit Judges, and SPIEGEL *, District Judge.
This is an application by the petitioner, National Labor Relations Board (NLRB), seeking enforcement of its order that determined the respondent, Overseas Motor, Inc. (Overseas), had violated Section 8(a)(4) of the National Labor Relations Act by discriminating against one of its employees who had filed charges with the NLRB.
On September 12, 1980, Overseas Motors gave a raise to all of its employees. Miroljub Mitkovski, the highest paid mechanic employed by Overseas, received a sixty cents per hour raise while all other mechanics received a salary increase of $1.20 per hour. When asked for an explanation of his lesser wage increase, Sam Demrovsky, Mitkovski's supervisor and co-owner of Overseas, responded that he wanted to equalize the mechanics' pay. Demrovsky further responded that the matter was already decided and "that is the way it is whether you like it or not." Mitkovski then replied that he felt he was being discriminated against and that he intended to file a complaint with the NLRB. Co-owner Andy Demrovsky responded, "you will be fired for that." Mitkovski replied that he did not see how he could be fired for filing a complaint. Andy or Sam Demrovsky responded, "Okay, you will not be fired but you won't get any jobs to make enough [of a] living, so you will fire yourself." Mitkovski sought and was granted approval to take time off to file charges.
After filing charges with the NLRB, several forms of disciplinary action were taken against Mitkovski. He was suspended for two days after returning to work from his visit to the NLRB to file charges. Mitkovski was later suspended for three days for tardiness after an agent from the NLRB called Sam Demrovsky to inform him that the Board had decided to issue a complaint on Mitkovski's charge. Mitkovski was finally discharged from employment when an agent from the NLRB visited Overseas and spoke to one of the Demrovskys about Mitkovski's charges.
The NLRB brought charges against Overseas Motors, Inc. which resulted in a hearing before an administrative law judge (ALJ). After the hearing, the ALJ found that Overseas had engaged in unfair labor practices by: (1) unlawfully threatening Mitkovski that he would not "get any jobs to make enough living so (he) would fire [himself]"; (2) unlawfully suspending Mitkovski for two days on September 15, 1980 and for three days on October 16, 1980; and (3) unlawfully discharging Mitkovski on October 23, 1980. The ALJ ordered, inter alia, that Overseas reinstate Mitkovski to his former position and make him whole for any loss of pay he may have suffered as a result of being unlawfully suspended and discharged.
This case was later appealed to the National Labor Relations Board (206 NLRB 105) who adopted the findings, decision and order of the ALJ. Overseas later filed a motion for reconsideration which was denied by the Board.
The NLRB's order is supported by substantial evidence and does not constitute an abuse of discretion. Therefore, the order is entitled to enforcement by this Court.
Respondent, Overseas, contends that the ALJ's decision is not supported by substantial evidence. We find this contention is without merit. The ALJ found that the NLRB General Counsel established a prima facie 8(a)(4) violation by showing that: (1) Overseas threatened that if Mitkovski complained to the NLRB he would not receive any desirable assignments; (2) Overseas suspended Mitkovski on September 15, 1980 and October 6, 1980 because he had filed charges with the NLRB; (3) Mitkovski was considered a good auto mechanic; and (4) Mitkovski was discharged shortly after the Board visited Overseas, after which visit, Demrovsky, an Overseas co-owner, remarked to Mitkovski that it was "better" for him to "look for another job" and that he "might not quit, but [he] might be fired tonight." This evidence was sufficient to establish a prima facie 8(a)(4) violation. See Wright Line, a Division of Wright...
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