Page is loading...
Print Logo Logo

Employer Dinged for Unlawful Interrogation and Confiscating Union Literature Immediately Following Break Period; Vindicated for Simultaneous Leafletting

While it is not necessarily unlawful for an employer to ask an employee about his union sentiments, the NLRB’s finding on unlawful interrogation was affirmed based upon additional facts which the court found to be coercive including proximity of recent discipline of the employee and the nature of the employer’s questions. The board’s finding of unlawful confiscation was also upheld.  The evidence demonstrated that the supervisors had a history of removing literature left by employees – pursuant to the housekeeping policy – at the end of each day. Thus, evidence showing that supervisors confiscated union literature immediately following each break period (as opposed to the end of the day) was found to be unlawful. However, the 4th Circuit reversed the NLRB’s finding on unlawful surveillance. The 4th Circuit found that the employer did not engage in unlawful surveillance when it distributed leaflets at the plant entrance while nearby union supporters were also distributing union leaflets. During the periods of simultaneous leafletting, there was no evidence of the employer speaking with the union (other than pleasantries), nor was their evidence of pictures, notes or other threatening activity towards the union.


Caffeine Rush: Union Organizing Wave at Starbucks Continues

March 2, 2022 | Labor Relations, Union Organizing

Unions by the Numbers: 2022 Edition

January 24, 2022 | Labor Relations, Unions and Union Membership, Union Organizing

Ouch: Union Dinged By Federal Court for Disrespectful Remarks to Resigning Member

April 20, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

NLRB GC Action May Make Unions More Accountable To Their Members

October 26, 2018 | National Labor Relations Board, Labor Relations


Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
union literature
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.