The United Transportation Workers went on strike after their contract expired with Safeway Trails Bus Company. The company submitted to the union a new proposal for ratification. John Lantz, the union's chief negotiator, decided that this latest proposal was very similar to the contract recently rejected by the membership and therefore did not submit it for approval by the membership. Lantz informed the company of this decision. The company thereafter mailed copies of its proposal to all employees asking each to act "in the interest of his own personal welfare." The company repeatedly sent employees letters outlining its final offer and questioning the qualifications of representative Lantz. At one point, the company president offered to meet with any three employees other than Lantz to settle on a contract. The president told some striking employees they were "following the wrong man."
The union claimed that Safeway had not bargained in good faith, in violation of Section 8(a)(5), by attempting to undermine union authority. The company denied these charges and claimed that its communication with the employees was protected by Section 8(c).
Is Safeway's conduct protected or prohibited under the NLRA? Decide. [Safeway Trails, Inc. v. NLRB, 102 LRRM 2328 (D.C. Cir.)]