William Chapman, Edwin Russ, and Antoinette Rhoads were among the members of UAW who were on strike in support of union demands during collective bargaining with their employer, E-Systems, Inc. After two months of strike activity, agreement was reached, and the company placed all of the strikers except Chapman, Russ, and Rhoads on a preferential hiring list. These employees were cited for strike misconduct and were formally discharged. Chapman had admitted that on a windy, rainy day during the strike, his umbrella had accidentally blown into a truck that was crossing the picket line. The umbrella scratched the paint on the truck. Chapman had immediately contacted the owner and made restitution. Several persons saw Russ reach out and snap back the antenna of a car as it attempted to leave the E-Systems plant. Russ pleaded no contest to a charge of criminal mischief for this act. Antoinette Rhoads had repeatedly joined in a blocking of the main plant gate, obstructing the arrival and departure of nonstriking employees. Rhoads also struck a nonstriker on the shoulder, causing a bruise.
The union challenged the discharges before the Board as too severe for the type of behavior that had occurred. The company maintained that the three employees had engaged in aggravated strike misconduct and should be discharged.
What factors should the Board consider in deciding this case? Should the discharges be upheld by the Board? Decide. [NLRB v. E-Systems, Inc., 107 LRRM 2094 (5th Cir.)]