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Citizens Publishing and Printing Co. v. National Labor Relations Board

Petition for review of NLRB decision denied; substantial evidence supported NLRB's findings that plaintiff committed an unfair labor practice by unilaterally subcontracting night and weekend photography work to independent contractors, that labor strike was an "unfair labor practice strike," and that plaintiff falsely informed union that striking employees had been permanently replaced, thereby failing to reinstate strikers immediately upon their unconditional offer to return to work.

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Argued: April 19, 2001

OPINION OF THE COURT

Citizens Publishing and Printing Company and the two brothers who operate it, W. Ryan Kegel (“RKegel”) and Scott R. Kegel (“SKegel”), filed a Petition for Review of a final decision and order of the National Labor Relations Board (“Board”). The Board has filed a Cross-Application for Enforcement. We have been asked to review (1) whether Petitioners (collectively, “Citizens Publishing”) committed an unfair labor practice by unilaterally subcontracting night and weekend photography work to independent contractors, and (2) whether the labor strike was an”unfair labor practice strike,” rather than a mere economic strike. We conclude that substantial evidence supports the Board’s affirmative findings as to both inquiries, as well as its additional finding that Citizens Publishing falsely informed the union that the striking employees had been permanently replaced, thereby failing to reinstate the strikers immediately upon their unconditional offer to return to work. Therefore, we will deny the petition and grant the cross-application. Further, because neither party challenges the propriety or scope of the relief ordered by the Board, we will enforce the Board’s order in its entirety.

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