Rubber Workers District No. 8 began an organizing campaign at Bardcor Corporation, a small manufacturing company in

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Rubber Workers District No. 8 began an organizing campaign at Bardcor Corporation, a small manufacturing company in Guthrie, Kentucky, during the summer of 1981. Shortly after the campaign began, the president of the corporation began taking pictures of workers in the plant. Employee Maxine Dukes asked supervisor Mike Loreille why the pictures were being taken. Loreille responded that the president wanted something to remember the employees by after he fired them for union activity.

A majority of the company’s thirty-seven employees signed union authorization cards. The next day, the employer discharged eight workers, seven of whom had signed cards. After the discharge, the union filed a series of unfair labor practice charges. The company was able to justify the discharges for economic reasons and argued that the picture-taking incident and Loreille’s comment were nothing but jokes.

What provision of the NLRA did the company allegedly violate by the picture-taking incident and the supervisor’s comment to Ms. Dukes? Try to formulate an argument for and against finding a violation of the act by the employer in one or both of these actions. Could the picture-taking incident alone violate the act? Did the supervisor’s comment alone violate the act? See Bardcor Corporation [270 NLRB No. 157 (1984)].

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Employment And Labor Law

ISBN: 9781439037270

7th Edition

Authors: Patrick J. Cihon , James Ottavio Castagnera

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