Reference: https://www.law.cornell.edu/uscode/text/29/158

Identify the violations (or potential violations) of the National Labor Relations Act. Specify the section(s) of the Act which have been violated, if any, and describe how you believe that the National Labor Relations Board would resolve the dispute(s).

IMPORTANT : ANSWERS only should be from section 8

The Company, Steve's Delicatessen, is a Michigan corporation headquartered in West Bloomfield, Michigan, and is engaged in the processing, distributing, and sale of corned beef and other meat products on a wholesale basis. The Company has about 13 employees, excluding guards, clerical and executive employees. Andrew Schneider is "plant superintendent" with authority to hire and fire employees and is an admitted supervisor. He was a member of Local 576 for more than 25 years prior to the present dispute, his dues being checked off regularly, though he did not attend meetings since becoming superintendent in 1990. Fred Gabriel is "plant foreman" and substituted for Schneider during the latter's vacation in 1993; Gabriel was a member of Local 576 and served as union steward during 1992 or 1993. The remainder of the personnel is employed as beef-boners, pumper cry-o-vac operators and unskilled workers. Stephen Ramsey, Baskin's grandnephew, is employed in a non-supervisory capacity and was a member of Local 576. Consistent with the Company's past practice in giving bonuses, Schneider received a bonus of $2,000 in 2020, Gabriel a bonus of $700, Ramsey a bonus of $600, while other employees received a bonus of approximately $100 or less.

Since 1975, the Company and Local 576 have entered into successive collective-bargaining agreements. The contracts have been substantially similar to those negotiated during that period between Local 576 and the Heart of America Meat Dealers Association ("Association"), a multi-employer association of wholesale meat companies in the Michigan area. Although the Company is not a member of the Association, Steve Baskin, the Company's president, serves as president of both the Association and Baskin's Meat Company, (a related but separate company from Steve's Delicatessen) a member of the Association.

The last agreement between the Company and Local 576 was executed August 3, 2018, effective retroactively from June 21, 2017 to June 18, 2020. On June 28, 2019, a strike and lockout involving members of the Association and Local 576 began. The dispute continued until August 17, 2020, when a new contract between Local 576 and the Association was executed. Since the contract between the Company and Local 576 had expired on June 18, 1920, Baskin, as president of the Company, and Carl Nothnagel, spokesman for Local 576, met on or about July 7, 2020, and agreed to an extension of the terms and conditions of the previous contract until after the deadlock in negotiations between Local 576 and the Association ended, at which time negotiation of the Company's contract would resume.

About a month after the strike commenced, Local 576 sought the support of its members employed by the Company in its dispute with the Association at a meeting held in the union hall and requested them to participate in the picketing of Association members, including Steve's Delicatessen. Employee Harold Roberts, then on the executive board of Local 576, noted that all Company employees except Schneider were present. According to employee Kenneth Yardley, because there was talk that Company employees would get into trouble for walking a picketline, a meeting was held on the Company's premises between Ralph Angle, president of Local 576, and Yardley, Ramsey, Harold Roberts, and employee Millsap, with Angle assuring them they would not get into trouble for walking the picket line. Employee James Roberts testified that Schneider telephoned him the night Company employees first walked the picket and told him that Baskin and Nothnagel had had a meeting and Company employees were not to picket and would be reprimanded for doing so. Roberts called the Local's business agent, Ernest Williams, who said that he had talked to Nothnagel and that they would walk the picket line. The next morning before working hours, Roberts asked for a meeting with Baskin. With most of the working force assembled, according to Roberts, Baskin "told us that it wasn't our fight, we shouldn't get involved, that he didn't want to injure or cause Steve's Delicatessen trouble, that we were not on strike and not to be involved in the situation." Yardley stated Baskin "didn't think that we should have to walk because we were putting in a full day at work and he thought if we walked, we wouldn't be able to do the work we were doing." The meeting lasted about 10 minutes. Some of the Company's employees honored Local 576's request and picketed at Association member companies.

During the strike or immediately thereafter, the idea of abandoning Local 576 and forming the Independent was discussed by some of the Company's employees. According to Yardley, "It was right after we walked the picket line," and Steve Ramsey came into the lunchroom and said, "If we went Independent Union that Steve [Baskin] said we would get a two dollar a week raise over what the union paid." James Roberts first heard of the Independent about three weeks after the strike ended, around the first week in September, from Fred Gabriel and Steve Ramsey. The next day, Roberts spoke to Baskin about being transferred to Baskin's Meat Company, Roberts fearing that he would lose his accumulated pension and vacation rights with the Company if the Independent were formed. Roberts indicated that "Mr. Baskin said he was unaware that the union was being formed and not to be hasty, to see what the outcome would be." Roberts said he spoke to Gabriel and Ramsey about his concern and was told by them that they had a letter from Mutual of Omaha stating that the Independent would be able to purchase a plan from Mutual covering Roberts' pension rights and that employees would be guaranteed the same rights they had with Local 576, and "Steve Ramsey said Bob would pay this like he paid it to the union." Employees Yardley, Harold Roberts, and Slusser heard Ramsey and Gabriel's assertion.

On or about the first of September, Gabriel told Baskin that some of the employees of the Company were interested in forming their own union. It was stipulated that Baskin told Gabriel "that he could have nothing to do with it and couldn't advise them." Gabriel asked Baskin if he could refer him to an attorney and Baskin said he would check on it. Baskin contacted his own attorney, who advised him to have nothing to do with the formation of the Independent union but did suggest the names of two firms of possible attorneys, which names were given shortly thereafter to Gabriel. One of these firms, Fallon, Guffy and Jenkins a general practice firm which does some labor work for both unions and management accepted employment.

On September 21, 2020, Local 576 submitted its contract proposals to the Company. At a meeting on September 28, the Company submitted its counterproposals. The proposals show that the Company's suggested contract followed the pattern set by the Association settlement, while the Local's suggested contract called for 50 per cent more in wage increases (about $2.40 per week greater than the recently negotiated contract with the Association), an additional holiday, advancement of eligibility for a fourth week of vacation and a one-year, instead of a three-year contract.

No agreement was reached by the parties.

On October 4, 2020, Ramsey informed employees that there would be a meeting in the Company lunchroom at 2:00 p. m.; later Ramsey advised employees that the meeting could not be held during working hours and had been rescheduled for 3:30 p. m. when the workday ended. Ramsey had asked Baskin's permission to have the meeting on Company premises. Baskindisclaimed any knowledge that the meeting concerned the Independent. Baskin said he learned the meeting concerned formation of the Independent union after the meeting was in progress when Nothnagel arrived to meet with Baskin for a second round of negotiations on behalf of Local 576. No agreement was reached at this second, and final, meeting between the Company and Local 576.

Meanwhile, Ramsey convened the meeting of the employees, most of whom were in attendance except for Schneider and James Roberts. According to James Jenkins, a member of the Fallon firm, Ramsey told the employees that a group of them had decided that they were "fed up with the treatment they had received from 576," primarily being required to walk picket during the recent dispute between the Association and Local 576; other dissatisfactions with Local 576 were mentioned. Ramsey then introduced Mr. Fallon, senior member of the Fallon firm, who explained the advantages and disadvantages of an independent union versus a nationally affiliated union.

Ramsey then asked if there were a sufficient number who wanted to sign. Ramsey, Gabriel and employee Miller were the first to sign the document. Then there was a lull while some employees had discussions as to the feasibility of joining the Independent. Harold Roberts then stated that he was going to get Schneider to see if he would sign the document. While Roberts was getting Schneider, employees Slusser, Grammer and Millsap signed. Roberts returned and signed. Schneider then appeared, added his signature, and immediately left. Employee Glyndon was the ninth and last to sign. The Independent thus had an apparent majority among the Company's employees traditionally included within the bargaining unit. Officers for the Independent union were then elected: Slusser, president; Miller, vice-president; Ramsey, secretary-treasurer; Harold Roberts, Gabriel and Millsap, trustees.

On October 5, a representation petition was filed by the Independent with the Board's Regional Office. By a letter dated October 5, 2020, the Independent union requested recognition from the Company. On October 12, Local 576 filed unfair labor practice charges against the Company. The Company did not bargain with Local 576 after the October 4 meeting and discontinued the check-off of dues and the contribution to pension benefits beginning with the payday of October 7 butcontinued to contribute to a separate health and welfare program. The Company did not act on the Independent's demand for recognition and did not bargain with it.

On November 1, 1966, employee Jack Grammer said he was told by Ramsey that he could have a loan on his "back pay" any time he wanted one. ("Back pay" refers to wages that would be due employees when a new contract with the Company was signed, since such contract whether with the Independent or Local 576 would, in all probability, be effective retroactively from June 19, 1966, and assuming an increase in wages employees would have retroactive "back pay" coming.) Ramsey told Grammer to see either Gabriel or Schneider. Grammer saw Schneider, the loan was approved, and a check was issued on November 4 in the amount of $30. Monty Love, secretary-treasurer of the Company, testified that the practice of the Company with respect to making loans has been the same since the Company started "any employee that needed the money, we have loaned money." Love made loans to employees other than Grammer in 2020, some of the employees asking to borrow against their "back pay." Love told them all, including Grammer, that he could not loan them money against their retroactive pay "because I didn't know what existed," but approved the loan if the employee needed money. At the time of the hearing, Grammer had not repaid the loan, nor had he been asked to do so, even though Grammer had rejoined Local 576.

On November 28, 2020, nine employees signed cards authorizing the Independent to act as their collective-bargaining agent. Dues for the Independent were collected by Ramsey after working hours. On January 13, 2021, the complaint was issued; and on January 17, 2021, the Regional Director advised the Independent that it would not process its representation petition, asserting that no question of representation existed because of issuance of the complaint. On February 6, 2021, the Independent held its second meeting on the Company's premises during the lunch hour. On that same date, Ernest Williams, business agent of Local 576, entered the Company's premises to solicit employees to reaffiliate and sign cards with Local 576; Williams displayed the letter from the Regional Director stating the petition of the Independent would not be processed.