A to Z Portion Meats, Inc. v. National Labor Relations Board , 643 F.2d 390 ( 1981 )

PER CURIAM.

A to Z Meats petitions for review of the National Labor Relations Board’s majority decision and the Board has cross-applied for enforcement of its order. The Board held in its Order, 238 NLRB 157 (1978), that the Company’s discharge of William Hart violated Section 8(a)(3), because Hart was organizing workers, and Section 8(a)(1), because of a statement made to another employee. The Board also directed that A to Z Meats recognize and bargain with the Amalgamated Food and Allied Workers. Because the Board’s findings are not supported by substantial evidence, we decline to enforce the Board’s order as to Section 8(a)(3) which directed the reinstatement of Hart.

In early March, Hart, an employee of A to Z Portion Meats, was asked to assist in the unionization of the plant. On March 6, at the only restaurant in Buffton, Ohio, Hart met with a union organizer and a union business agent. As the three men were discussing union organization Bender, the general manager, walked by within six feet of the discussion and passed a second employee Shulaw who was joining the meeting. Bender commented on seeing Shulaw so early. The Company has no history of collective bargaining, and its plant is located in a very small town in Ohio.

Mr. Morris, a federal health inspector at the Buffton, Ohio plant of A to Z Portion Meats, testified that he informed the owner-general manager, Bender, that Bender had to order Hart to wear a hat on March 15, 1976 or Morris would be forced to take further actions. Bender said after thinking about it over night that he told Hart that he “hated to say this but that he [Hart] was not working out” and that “he and A to Z would have to part company.” Bender denied knowledge of Hart’s union activities and said that the efforts of Morris, Bender, and other employees had been unsuccessful in getting Hart to wear a hat.

Hart had been secretly collecting union authorization cards in this 16-person meat department and had forwarded to the union nine cards the day before his discharge.

Two days after Hart’s discharge, Bender said to Shulaw and other employees to get moving because “No Goddamn union gonna protect you.”

The statement made by Bender to Shulaw is a violation of 8(a)(1). The Board’s order with respect to Shulaw and for recognition are supported by substantial evidence.

There was not substantial evidence to support the Board’s conclusion that Hart was discharged because of union activity. NLRB v. Buckhorn Hazard Coal Corp., 472 F.2d 53 (6th Cir. 1973). In this case the Board has attempted to infer knowledge of union activity from extremely limited information. We have refused to enforce Board orders in similar cases in which the Board drew an unwarranted inference from circumstantial evidence. NLRB v. Armitage Sand and Gravel, Inc., 495 F.2d 759 (6th Cir. 1974). Accordingly, the Board’s order with respect to William Hart is not enforced and in all other respects the Board’s order is ENFORCED.