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.
Employer Dinged for Unlawful Interrogation and Confiscating Union Literature Immediately Following Break Period; Vindicated for Simultaneous Leafletting
Adam L. Bartrom
PartnerRELATED ARTICLES
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
Don’t Pull The Tapes: Employer Dinged By NLRB For Surveilling Employee Union Activity On Video Archives
July 23, 2018 | National Labor Relations Board, Labor Relations
Janus Decided: Supreme Court Invalidates Mandatory Public Union Fees
June 27, 2018 | Unions and Union Membership, Labor Relations
UAW Sues Over UAW-Chrysler National Training Center Scandal
June 12, 2018 | Unions and Union Membership, Labor Relations
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
Don’t Pull The Tapes: Employer Dinged By NLRB For Surveilling Employee Union Activity On Video Archives
July 23, 2018 | National Labor Relations Board, Labor Relations
Janus Decided: Supreme Court Invalidates Mandatory Public Union Fees
June 27, 2018 | Unions and Union Membership, Labor Relations
UAW Sues Over UAW-Chrysler National Training Center Scandal
June 12, 2018 | Unions and Union Membership, Labor Relations
Fractured Workforce: Union Scores Micro-Unit Election Win At Boeing
June 4, 2018 | National Labor Relations Board, Unions and Union Membership, Labor Relations
Kentucky’s Right-to-Work Law Upheld by Court
January 26, 2018 | State Labor Laws, Unions and Union Membership, Labor Relations
And So It Begins…Trump NLRB Overturns Obama NLRB Precedent for First Time
December 12, 2017 | National Labor Relations Board, Labor Relations
Unions Struggling to Negotiate Wage Increases on Par With 2016
November 20, 2017 | Unions and Union Membership, Labor Relations
Survey Says: Incentive-Based Pay Systems Provide Higher Compensation Than Time-Based Models
October 16, 2017 | Labor Agreements, Labor Relations
Untangling the Web? Senator Introduces Bill to Reverse Obama-Era Ambush Union Election Rules
June 21, 2017 | National Labor Relations Board, Labor Relations
‘BIG Little Lies’: Employer’s Inconsistent Practice Invalidates Employee Termination for Dishonesty, Says NLRB
June 13, 2017 | National Labor Relations Board, Labor Relations
It Could Be. It Might Be. IT IS! DOL’s Persuader Rule To Be GONE!
May 24, 2017 | Department of Labor, Labor Relations
Union Body Count and Big Spending
April 21, 2017 | Unions and Union Membership, Labor Relations
A Dancer With an Attitude? Fired Vegas Show Dancer Pursues Workers’ Rights
April 7, 2017 | National Labor Relations Board, Labor Relations
Sixth Circuit Refuses to Vacate; Lets Local Municipal Right-To-Work Decision Stand
March 16, 2017 | State Labor Laws, Unions and Union Membership, Labor Relations
Seattle Legal Battles Mount: Uber Drivers and U.S. Chamber Fight Driver Unionization Law
March 15, 2017 | Unions and Union Membership, Labor Relations
The Legality of Local Municipal Right-to-Work Laws; Will A Circuit Split Lead To Supreme Court Review
March 14, 2017 | Federal Laws and Legislation, Labor Relations
'Show Your Face' – IBEW Restrictions On Union Resignation and Dues Checkoff In Right-to-Work States Found Unlawful
February 15, 2017 | National Labor Relations Board, Labor Relations
Missouri Adopts Right-to-Work, Are the Feds Next?
February 9, 2017 | Federal Laws and Legislation, Unions and Union Membership, Labor Relations
NLRB Member Kent Y. Hirozawa’s Term Expires – But He Left His Mark On U.S. Labor Law
September 7, 2016 | National Labor Relations Board, Labor Relations
Down Goes Brown – NLRB Finds Graduate Assistants May Unionize
August 23, 2016 | National Labor Relations Board, Labor Relations
Federal Court Strikes Down Part of Georgia’s Right to Work Law
July 13, 2016 | Unions and Union Membership, Labor Relations
Fifth Circuit Agrees NLRB Micro-Unit Test Here to Stay
June 9, 2016 | National Labor Relations Board, Labor Relations
Are Permanent Replacements Permanent Anymore?
June 3, 2016 | National Labor Relations Board, Unions and Union Membership, Labor Relations
AFL-CIO to Challenge West Virginia Right to Work Law
May 10, 2016 | Unions and Union Membership, Labor Relations
GOP Moves to Block New Persuader Rule
April 18, 2016 | Union Organizing, Labor Relations
‘Tis The Season: Unions Continue To Spend Significant Amounts Of Employees’ Dues Money On Political Causes
April 7, 2016 | Unions and Union Membership, Labor Relations
Browning-Ferris “All In” On Joint Employer Battle With NLRB
January 15, 2016 | Unions and Union Membership, Labor Relations
When Will the Other Shoe Drop? NLRB May Hand Down Second Blow after Browning-Ferris
September 30, 2015 | National Labor Relations Board, Labor Relations
The Hits Keep On Coming: NLRB Ruling Makes It Easier For Unions To Establish “Joint-Employers” Under The NLRA
August 31, 2015 | National Labor Relations Board, Labor Relations
Amazon Settlement with NLRB a Reminder for Employers -- "Confidential" Wage Policies Violate the NLRA
November 25, 2014 | National Labor Relations Board, Labor Relations
NLRB Again Overturns Discharge Of Employee Who Engaged In A Profanity-Laced Argument With A Manager In Front Of Customers
June 18, 2014 | National Labor Relations Board, Labor Relations
Some Hope for Employers? Limits on Alan Ritchey Discretionary Discipline Bargaining Obligation Applied by NLRB
June 13, 2014 | National Labor Relations Board, Labor Relations
NLRB Continues To Impose Expansive Penalties On Employers
April 29, 2014 | National Labor Relations Board, Labor Relations
BTLabor Relations Blogger & Attorney Fields Questions on College Football Players Union Ruling
March 28, 2014 | National Labor Relations Board, Union Organizing, Unions and Union Membership, Labor Relations
NLRB Directs Election at Northwestern – Scholarship Football Players are Employees
March 26, 2014 | National Labor Relations Board, Union Organizing, Unions and Union Membership, Labor Relations
NLRB Chairman signals willingness to reverse Register Guard decision
March 24, 2014 | National Labor Relations Board, Unions and Union Membership, Labor Relations
Football is a "Year-round Gig": The Briefs are in on Unionizing College Athletes
March 21, 2014 | Union Organizing, Unions and Union Membership, Labor Relations
Law on Unionization of Home Care Workers Continues to Shift
March 20, 2014 | Labor Relations, Unions and Union Membership
New Michigan Right to Work Lawsuit Filed After MEA Threatens to Send Teacher to Collections for Failing to Pay Dues
March 10, 2014 | State Labor Laws, Labor Relations
A “Hail Mary”? Northwestern Student-Athletes File Union Petition with the NLRB
January 29, 2014 | National Labor Relations Board, Unions and Union Membership, Labor Relations
Employee’s Complaint About Union Officials Watching Porn is Deemed “Human Imperfection” But Not Grounds for Retaliation
January 15, 2014 | Unions and Union Membership, Labor Relations
RELATED PRACTICE AREAS
Subscribe
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