National Labor Relations Board v. Akron Paint & Varnish Company

Petitioner, National Labor Relations Board (“Board”), petitions this court to enforce a supplemental decision and order issued by the Board against Respondent, Akron Paint & Varnish Company (“Akron”). The issue is whether there is substantial evidence to support the Board’s determination of backpay liability incurred by Akron as a result of its unlawful discharge of an employee, Frank T. Simon. For the following reasons, we will ENFORCE the Board’s decision.

I. Facts and Procedure

On April 24, 1989, the Board issued a decision and order finding that Akron had violated Section 8(a)(3) and (1) of…