National Labor Relations Board v. Robert E. Anderson and Richard E. Anderson, Copartners, D/B/A Anderson Cabinets

611 F.2d 1225, 103 L.R.R.M. (BNA) 2103, 1979 U.S. App. LEXIS 9848

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 10, 1979
• Docket: 79-1389
• Status: Published

Opinion

ORDER OF ENFORCEMENT

The National Labor Relations Board petitioned for the enforcement of its order against Robert E. Anderson and Richard E. Anderson, copartners, d/b/a Anderson Cabinets. The Board’s decision and order are reported at 241 NLRB No. 72,100 L.R.R.M. 1606 (1979). After a careful review of the record, we are convinced that substantial evidence on the record as a whole supports the Board’s finding that Robert Rhyneer was a supervisory employee and that the employer violated § 8(a)(5) of the National Labor Relations Act, 29 U.S.C. § 158(a)(5), by preparing, circulating and filing a petition seeking to decertify the Carpenters District Council of Greater St. Louis, AFL-CIO, and by withdrawing recognition from the Carpenters in reliance upon this employer-sponsored petition.

There is also substantial evidence in the record to support the Board’s finding that the Company violated § 8(a)(3) of the Act, 29 U.S.C. § 158(a)(3), by discharging Floyd Wildhaber who participated in a strike of the Carpenters against the Company in protest of the unlawful withdrawal of recognition and that it violated § 8(a)(1) of the Act, 29 U.S.C. § 158(a)(1), by various acts of interference.

Accordingly, we enforce the Board’s order.