Novato Healthcare Center v. NLRB

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The DC Circuit denied Novato's petition for review of the Board's decision finding that it committed an unfair labor practice by firing four union organizers two days before a union election. The court held that the Board's findings were supported by substantial evidence and therefore granted the Board's cross-application for enforcement.In this case, the Board determined that the testimony of one of Novato's supervisors should not be credited, and that trial counsel’s cross-examination of the supervisor provided substantial evidence to support that determination. The court found nothing unreasonable in the Board's conclusion that Novato failed to meet its burden of showing it would have fired the four employees notwithstanding its anti-union animus. The court also held that substantial evidence supported the Board's conclusion that another employee was discharged alongside the four employees in order to provide cover for Novato's discriminatory conduct toward those union supporters. Finally, a supervisor's questioning of an employee's union views would have a reasonable tendency to interfere with the employee's rights under Section 7 of the National Labor Relations Act. View "Novato Healthcare Center v. NLRB" on Justia Law