Daily News of Los Angeles v. National Labor Relations Board

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Since 1986 the Daily News has given each employee an annual performance review, almost invariably on the anniversary of the employee’s hire. The review was typically the occasion of a merit raise, but the company denied raises to 18.5% of eligible employees in 1986 and to 17.3% in 1987. Joint Appendix (“J.A.”) 409-10. For those receiving raises, the percentage increases were all over the lot, from as low as 2% to as high as 40%. Id. The administrative law judge, in a conclusion that the Board…