1. Does the employer’s policy ‘‘Inquiries by Government Representative’’ represent a violation of Sec. 8

(a) (1), LMRA? If so, what should be the appropriate remedy? Sec. 8

(a) (1), LMRA makes it an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the exercise of rights guaranteed in Sec. 7 of the Act. Sec. 8

(a) (4), LMRA makes it an unfair labor practice for an employer to discharge or otherwise discriminate against an employee for filing an unfair labor practice charge or giving testimony in any NLRB proceeding. The employer’s employee handbook provided to every company employee contained the following written policy entitled ‘‘Inquiries by Government Representative’’:

From time to time, management may be called, visited or sent written communication by a representative of a federal, state, or local government agency investigating a possible violation of law or seeking other information.

It is our policy to cooperate with all authorized government agencies in the legitimate pursuit of their regulatory or enforcement functions. The following procedures must be followed for all such contact other than those regarding routine forms and other communications relating to sales taxes, business licenses and permits, and routine local health inspections.

If you are the person contacted, immediately notify the person in charge of your Facility. If the visit is made after hours, contact the department vice president.

If this fails, call the Emergency Phone number which is posted at all company facilities. Additionally, these guidelines should be followed:

Be cordial to the person making the request. The visitor should be treated with the same courtesy as any guest at the Facility.

Do not volunteer any information, or admit or deny the truthfulness of any allegation or statement the inspector may make, nor sign any written statements, such as reports or affidavits, without express approval from a company attorney.