5. How will the NLRB rule?

On the day before the Union election, the Union hosted a free picnic luncheon for employees during the first and second shifts’
meal breaks in a parking lot adjacent to the Young Skin’s plant. At the picnic, the Union took 88 snapshots. During the luncheon, union representatives distributed ‘‘Union Yes’’
T-shirts carrying the slogan, ‘‘The Best Things in Life Are Negotiable. Union Yes.’’ Between ‘‘Union’’ and ‘‘Yes’’ was a square containing a checkmark. To receive a T-shirt, employees were required to sign a pro-union petition titled, ‘‘We Are Voting Yes on August 2nd!’’
which stated that the undersigned employees agreed to openly support the Union and asked their co-workers to join them. This petition was to be used as a handbill on election day.