San Luis Trucking, Inc., Board Case No. 28-CA-20387 (Reported at 356 NLRB No. 36) (9th Cir. Decided May 1, 2012). - Decision Summary

San Luis Trucking, Inc., Board Case No. 28-CA-20387 (reported at 356 NLRB No. 36) (9thCir. decided May 1, 2012)

In an unpublished memorandum decision, the Court enforced the Board’s order.The Board had found that the employer was a single employer comprised of three separate entities, a grocery store chain, a U.S. trucking company, and a Mexican trucking company.When employees of the U.S. trucking company attempted to organize, the employer subcontracted that work.The Court enforced the Board's finding that the subcontracting was unlawfully discriminatory.Ultimately, the employer shuttered the entire U.S. trucking operation, another action the Board--and the Court--found unlawful because of its chilling effect on the employer's other entities.The Board ordered the employer to restore the trucking operation, and the Court enforced that remedy, finding it "presumptively valid" to restore the status quo and observing that the employer will have an opportunity, in compliance, to show that restoration creates an "undue burden."

The Court also rejected the employer's claim that the administrative law judge was biased, and enforced a host of unchallenged unfair labor practice findings, including constructive discharges, speech restrictions, and interrogations.