Question
A printing corporation operates a printing plant with 100 workers. The union has attempted on several occasions to organize the workers without success, including the
A printing corporation operates a printing plant with 100 workers. The union has attempted on several occasions to organize the workers without success, including the loss of an election on October 15, 1995. Beginning November 1, 1996, the union began to distribute literature about the union. It posted and distributed flyers announcing a union informational meeting concerning the parking of employee automobiles in the company parking lot. A company official stopped the distribution, informing the union officials that they were violating a company policy which stated:
In order to prevent disruption in the operation of the plant, interference with work and inconvenience to other employees, solicitation for any cause, or distribution of literature of any kind, is not permitted on company property. Whether on working time or not, no employee may distribute literature of any kind in any working areas of the plant.
At the union informational meeting on November 9, 1996, the union president promised that the employees would receive better wages if they formed a union. In addition, the employees would receive group life insurance from the union. Employees who signed an authorization card at the meeting would not have to pay an initiation fee.
Two days later, employees began to stand outside the plant gates holding signs stating: "Union Yes, Corporation No" and "This Corporation is Non-Union." By December 1, 1996, the union had obtained 55 signed authorization cards. The union presented the cards to corporate management and demanded recognition. The corporation refused, and the union filed an election petition on December 15.
During the campaign before election, the corporation president gave a speech to the employees in the company cafeteria. He told the employees that they did not need a union because the company had always treated them fairly. He distributed copies of a magazine article describing alleged ties between organized crime and the American Federation of Workers, an international union representing dock workers. As each employee left the meeting, he was asked by the corporation president whether he supported the union.
On January 1, three maintenance employees were discharged. The company announced that it had contracted with a private janitorial service which offered lower costs, and the three positions were eliminated. The employer refused to give the union a list of the names and addresses of its employees.
An election was held on Feb. 15, 1997. The union lost the election 70 30.
Numerous unfair labor practice charges have been filed by both sides. Identify each possible ULP and decide each for the Board in an opinion which explains your reasoning on each.
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