Opinion
No. 76-2097.
Submitted August 31, 1977.
Decided August 31, 1977.
Lawrence F. Scalise and Keith E. Uhl, Scalise, Scism, Gentry, Brick Brick, Des Moines, Iowa, for petitioner.
Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., for respondent; John D. Burgoyne, Asst. Gen. Counsel, Anne H. Andrews, Atty., John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, N.L.R.B., Washington, D.C., on the briefs.
Petition for review from National Labor Relations Board.
Before BRIGHT, ROSS and HENLEY, Circuit Judges.
Judah AMC Jeep, Inc., has petitioned this court to review and set aside an order of the National Labor Relations Board filed December 10, 1976. The Board has cross-petitioned for enforcement.
After thoroughly reviewing the record we find sufficient evidence to support the conclusion of the Administrative Law Judge, affirmed by the Board, that petitioner violated §§ 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1) and (3), by discriminatorily laying off and refusing to reinstate Stanley Strock because of his union and protected concerted activities. However, we find that the conclusion that petitioner violated § 8(a)(1) by coercively interrogating Strock concerning a union meeting he attended is not substantiated. Therefore, we order that the Administrative Law Judge's recommended order, adopted by the Board, with the exception of 1(a), be enforced. Each party shall pay its own costs.