National Labor Relations Board v. Centeno Super Markets, Inc.

Fifth Circuit

National Labor Relations Board v. Centeno Super Markets, Inc.

555 F.2d 442, 95 L.R.R.M. (BNA) 2970, 1977 U.S. App. LEXIS 12572

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 5, 1977

Docket76-1577

StatusPublished

Cited by3 cases

This text of 555 F.2d 442 (National Labor Relations Board v. Centeno Super Markets, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

National Labor Relations Board v. Centeno Super Markets, Inc., 555 F.2d 442, 95 L.R.R.M. (BNA) 2970, 1977 U.S. App. LEXIS 12572 (5th Cir. 1977).

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Opinions

PER CURIAM:

The National Labor Relations Board (Board) asks for enforcement of the Board’s Decision¹ Order relating to the Centeno Super Markets, Inc., (Centeno) San Antonio, Texas. The primary issue is whether there was substantial evidence on the record as a whole to support the Board’s findings that Centeno (1) violated Section 8(a)(1) of the [443]*443National Labor Relations Act, 29 U.S.Code, Section 158(a)(1), by interrogation and surveillance of employees, threats of reprisals against employees if they selected a union, and the granting of wage increases and other new benefits to discourage self-organization of its employees, and (2) also violated Section 8(a)(3) and 8(a)(1) of the Act, 29 U.S. Code, Section 158(a)(3) and 158(a)(1), by discharging 10 employees because they supported unionization. Additionally, respondent Centeno raises a question as to whether the Board’s order was overly broad, and hence improperly required the reinstatement of terminated employees.

Centeno is a family owned business composed of three grocery markets in San Antonio, Texas. In July, 1974, Retail Clerks Union, Local 455, began organizational efforts at Centeno’s three stores, with the first meeting occurring on July 22. Within a few weeks of this meeting several employees were discharged. The Board found that the employees were fired because of their pro-union activity. This was supported by the testimony of the fired employees, and by the fact that most of the employees involved had signed union authorization cards. Centeno contends that the discharges occurred for good cause, and that the company was practically unaware of any union activity by the employees involved. The Administrative Law Judge, on the whole, credited the testimony of the employees, and discredited the testimony of the company, and found that Centeno had-violated §§ 8(a)(1) and 8(a)(3) of the Act.

The Administrative Law Judge’s decision was reviewed by a three-member panel of the Board, pursuant to Section 3(b) of the National Labor Relations Act, 29 U.S. Code, Section 153(b). The panel affirmed the ALJ’s rulings, findings, and conclusions, with some slight modifications.

As we have stated, Great Atlantic and Pacific Tea Co. v. N.L.R.B., 354 F.2d 707, 709 (5th Cir. 1966), “[w]e cannot disturb the Board’s choice if there is a fair conflict between the employer’s testimony and a reasonable inference of discrimination.” In view of the scope of our review of Board orders, we find the Board’s affirmance of the Administrative Law Judge’s findings and conclusions that the company’s discharging of the involved employees was discriminatorily motivated is supported by substantial evidence, and is therefore conclusive. See N.L.R.B. v. Link-Belt Co., 311 U.S. 584, 61 S.Ct. 358, 85 L.Ed. 368 (1941). The ALJ and the Board made legitimate credibility choices between conflicting versions of events, and drew legitimate inferences from the evidence presented.

We further find that the proposed order of the Administrative Law Judge, as amended by the Board, is both proper and not overly broad, and decline to disturb it. “The particular means by which the effects of unfair labor practices are to be expunged are matters ‘for the Board not the courts to determine.’ ” Virginia Electric & Power Co. v. N.L.R.B., 319 U.S. 533, 539, 63 S.Ct. 1214, 1218, 87 L.Ed. 1568, 1574 (1943).

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PER CURIAM:

The National Labor Relations Board (Board) asks for enforcement of the Board’s Decision¹ Order relating to the Centeno Super Markets, Inc., (Centeno) San Antonio, Texas. The primary issue is whether there was substantial evidence on the record as a whole to support the Board’s findings that Centeno (1) violated Section 8(a)(1) of the [443]*443National Labor Relations Act, 29 U.S.Code, Section 158(a)(1), by interrogation and surveillance of employees, threats of reprisals against employees if they selected a union, and the granting of wage increases and other new benefits to discourage self-organization of its employees, and (2) also violated Section 8(a)(3) and 8(a)(1) of the Act, 29 U.S. Code, Section 158(a)(3) and 158(a)(1), by discharging 10 employees because they supported unionization. Additionally, respondent Centeno raises a question as to whether the Board’s order was overly broad, and hence improperly required the reinstatement of terminated employees.

Centeno is a family owned business composed of three grocery markets in San Antonio, Texas. In July, 1974, Retail Clerks Union, Local 455, began organizational efforts at Centeno’s three stores, with the first meeting occurring on July 22. Within a few weeks of this meeting several employees were discharged. The Board found that the employees were fired because of their pro-union activity. This was supported by the testimony of the fired employees, and by the fact that most of the employees involved had signed union authorization cards. Centeno contends that the discharges occurred for good cause, and that the company was practically unaware of any union activity by the employees involved. The Administrative Law Judge, on the whole, credited the testimony of the employees, and discredited the testimony of the company, and found that Centeno had-violated §§ 8(a)(1) and 8(a)(3) of the Act.

The Administrative Law Judge’s decision was reviewed by a three-member panel of the Board, pursuant to Section 3(b) of the National Labor Relations Act, 29 U.S. Code, Section 153(b). The panel affirmed the ALJ’s rulings, findings, and conclusions, with some slight modifications.

As we have stated, Great Atlantic and Pacific Tea Co. v. N.L.R.B., 354 F.2d 707, 709 (5th Cir. 1966), “[w]e cannot disturb the Board’s choice if there is a fair conflict between the employer’s testimony and a reasonable inference of discrimination.” In view of the scope of our review of Board orders, we find the Board’s affirmance of the Administrative Law Judge’s findings and conclusions that the company’s discharging of the involved employees was discriminatorily motivated is supported by substantial evidence, and is therefore conclusive. See N.L.R.B. v. Link-Belt Co., 311 U.S. 584, 61 S.Ct. 358, 85 L.Ed. 368 (1941). The ALJ and the Board made legitimate credibility choices between conflicting versions of events, and drew legitimate inferences from the evidence presented.

We further find that the proposed order of the Administrative Law Judge, as amended by the Board, is both proper and not overly broad, and decline to disturb it. “The particular means by which the effects of unfair labor practices are to be expunged are matters ‘for the Board not the courts to determine.’ ” Virginia Electric & Power Co. v. N.L.R.B., 319 U.S. 533, 539, 63 S.Ct. 1214, 1218, 87 L.Ed. 1568, 1574 (1943).

ENFORCED.

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555 F.2d 442, 95 L.R.R.M. (BNA) 2970, 1977 U.S. App. LEXIS 12572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-centeno-super-markets-inc-ca5-1977.

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