National Labor Relations Board v. Doug Neal Management Co‪.‬

The Board has applied to this court for enforcement of its order against respondent, Doug Neal, an individual doing business as Doug Neal Management Company, reported at 226 N.L.R.B. No. 157 which modified an order of the Administrative Law Judge and found that Neal had violated Section 8(a)(1) and (3) of the Act by discharging and refusing to reinstate his engineers Epperson, Grooms and Smith because they had engaged in union activities. The Boards order required Neal to offer full reinstatement to their former jobs or, if they did not exist, to substantially equivalent positions; to make the employees whole for lost wages; and to post customary notices. The Administrative Law Judge had ordered the employees reinstated to their former positions as engineers, but since those positions no longer existed or were necessary when equipment was automated, the Board ordered them reinstated to substantially equivalent positions. The trouble is there were no substantially equivalent positions in the bargaining unit.