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Penasquitos Village, Inc. v. National Labor Relations Board

565 F.2d 1074 (1977)

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Penasquitos Village, Inc. v. National Labor Relations Board

United States Court of Appeals for the Ninth Circuit

565 F.2d 1074 (1977)

Facts

Ysidro Martinez and Tony Rios were both workmen employed by Penasquitos Village (Penasquitos) (plaintiff). Jesus Zamora, a superior, fired both men for failing to complete work in a timely manner. Martinez and Rios brought suit against Penasquitos before the National Labor Relations Board (NLRB) (defendant) alleging they were wrongfully discharged for engaging in union-organizing activity. An administrative-law judge (ALJ) ruled in favor of Penasquitos, finding that the evidence provided by Martinez and Rios was not sufficient to show that the firing was the result of antiunion animus. Penasquitos contended that Martinez and Rios had been caught doing work slowly or not working at all on multiple occasions. Martinez and Rios alleged that they had been fired just after Zamora was informed they were involved in union activity. Martinez and Rios appealed to the NLRB, which reversed the decision of the ALJ, finding the men’s testimony about the firing credible. Penasquitos appealed to the Ninth Circuit.

Rule of Law

Issue

Holding and Reasoning (Wallace, J.)

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