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Administrative Law Keyed to Popper
Penasquitos Village, Inc. v. National Labor Relations Board
Citation:
565 F.2d 1074 (1977)Facts
Penasquitos Village was charged with unfair labor practices during a union organizing campaign. The charges involved three alleged incidents of coercive interrogation or threats by supervisor Zamora over a six-month period and the discharge of two employees (Rios and Martinez) who were union supporters. The ALJ, after hearing testimony from all witnesses, credited supervisor Zamora’s testimony that he did not threaten employees, that workplace discussions about the union were open and free, and that the two employees were discharged for poor work performance (specifically, working slowly while watching women sunbathing). The ALJ found Zamora to be “an honest and forthright witness” while finding employee Rios’s testimony not credible. The NLRB reversed, finding violations based largely on testimony the ALJ had discredited and drawing different inferences from the timing of the discharges, which occurred two days after a Board decision ordering a union election.
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