National Labor Relations Board v. Thomas McMahon D/B/A McMahon Sales Co.
NATIONAL LABOR RELATIONS BOARD, Petitioner, v. Thomas McMAHON, D/B/A McMahon’s Sales Co., Respondent
Opinion
PER CURIAM:
In its petition seeking enforcement of its order against respondent, the Board contends that substantial evidence on the record as a whole supports the Board’s findings that (1) respondent violated National Labor Relations Act § 8(a) (5) and § 8(a) (1) by refusing to bargain with the union; (2) respondent violated § 8(a) (1) of the Act by unlawfully interrogating and threatening employee Reveles concerning his union activities; and (3) respondent violated § 8(a) (3) and § 8(a) (1) of the Act by discharging Reveles because of his union activities and that Reveles is entitled to reinstatement with back pay.
1
The first point has become moot since the application for enforcement has been filed with this court, because the respondent has ceased doing business, a fact brought to the court’s attention at oral argument. Enforcement of an order to bargain directed to a defunct organization would be futile. That portion of the petition seeking enforcement of the order directed to the claimed section 8(a) (5) and section 8(a) (1) violation is, sua sponte, dismissed. Similarly, no prospective reinstatement shall be required so long as no further business is conducted by the McMahon’s Sales Co. enterprise.
(Cf.
Russell Coal & Clay Co. (1967) 165 NLRB No. 128 , 1967 CCH NLRB if 21,566; American Auto-Felt Corp. (1966) 158 NLRB 1628 , 1966 CCH NLRB If 20,469.)
We have reviewed the record, and we have concluded that it amply sustains the Board’s findings relating to respondent’s unlawfully interrogating and threatening Reveles and discharging him because of his union activity. Whether or not Reveles is entitled to any backpay and, if so, the amount to which he may be entitled cannot be determined from the record before us. The backpay questions will be considered during compliance proceedings (Cf.
NLRB v. Local 776, IATSE (Film Editors) (9th Cir.) 303 F.2d 513, 521 , cert. denied (1962) 371 U.S. 826 , 83 S.Ct. 47 , 9 L.Ed.2d 65 ).
The order of the Board, other than that part of the order directing respondent to bargain, will be enforced.
1
. The Board’s order is reported, 167 NLRB No. 78 .
How later courts describe this case
Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.
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(enforcing the Board’s decision although the issue of whether and to what extent the wrongfully discharged employee was entitled to backpay remained; we noted that “[t]he backpay questions will be considered during compliance proceedings”)
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(whether employee who was unlawfully interrogated and threatened is entitled to backpay may be considered during compliance stage)
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(refusal, on grounds of mootness, to enforce bargaining order directed to a defunct organization)
Cited by 5 cases
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- National Labor Relations Board v. Globe Security Services, Inc.
- National Labor Relations Board v. International Association of Bridge, Structural and Ornamental Iron Workers, Local 433
- National Labor Relations Board v. Family Heritage Home-Beaver Dam, Inc.
- National Labor Relations Board v. Siren Retail Corporation Dba Starbucks
- Local Joint Executive Board v. NLRB
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- National Labor Relations Board v. Siren Retail Corporation Dba Starbucks
- Local Joint Executive Board v. NLRB
- National Labor Relations Board v. International Association of Bridge, Structural and Ornamental Iron Workers, Local 433
- National Labor Relations Board v. Globe Security Services, Inc.
- National Labor Relations Board v. Family Heritage Home-Beaver Dam, Inc.
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.