Be-Lo Stores v. National Labor Relations Board

If the facts of this case cannot sustain a bargaining order, then almost none will. Substantial evidence plainly supports the Board’s findings of nearly 80 violations, many of them so-called “hallmark” violations, the vast majority of them unbriefed by Be-Lo and not even discussed by the majority here. Among the particulars that the majority does discuss, substantial evidence supports the Board’s finding that Be-Lo violated the Act when it sent its employees a mock “pink slip” just before the election, which the Board found to constitute an actual threat of job loss if the employees voted for…