United Food v NLRB

United Food v NLRB - general domineer around Smithfield •...

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Samantha Zid MGT 405 United Food And Commercial Workers Union, Local V. NLRB (1) 447 F. 3 RD (D.C. CIR. 2006) SIGNIFICANT FACTS The Commercial Worker’s Union took step to organize the Smithfield Packing Company plant’s employees at their new Tar Heel location Smithfield was extremely hostile to union activities, the company threatened to fire employees who voted in favor of the union or to freeze wages and shut down the plant if it were unionized Smithfield posted a sign outside the Tar Heel facility’s parking lot stating that no solicitation could occur on company property Employee Fred McDonald, a known union supporter, was told by his supervisors that the union can’t do anything but cause a rift between workers and the Company ISSUE Did Smithfield violate the NLRA section 7 rights of employees concerning unionizing activities LOWER COURT Found that Smithfield did violate their employees section 7 rights Employees were in an atmosphere of intimidation and coercion by supervisor and
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Unformatted text preview: general domineer around Smithfield • The company violated the NLRA by discharging employees Rayshawn Ward, Lawanna Johnson, Margo McMillan, and Ada Perry by terminating them due to their union support HOLDING • Supreme Court sided with the NLRB in every appeal that Smithfield brought to court SIGNIFICANCE OF CASE • This case drew the line between how an employer can and can’t act concerning employee activity of forming a union • Smithfield contended that the terminations were based on other reasons, such as bad behavior or absences, but in reality it was due to their union support. This case proved that an employer can’t hide behind petty claims to terminate an employee in support of unionizing • Supervisors ordered employees to engage in anti-union activities that the employees didn’t agree with, trying to coerce the employees against the union...
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