National Labor Relations Board v. East Wind Enterprises

There is solid, substantial evidence in the record to support the Board’s determination that the employee was discharged for union activities. The petitioner was able to make no plausible argument to the contrary.

The Board requests that in this case we grant an award of attorney’s fees against the petitioner for having taken a frivolous appeal to delay enforcement. As indicated, it is difficult to find any merit at all to the appeal, and we think the Board acted properly in requesting us to consider an award of attorney’s fees. We decline to award them in this case, however, because it has…