Hasbro Industries maintains a printing division at its main plant in Pawtucket, Rhode Island. The Graphic Arts International Union notified Hasbro and the Board that it had obtained authorization cards from 11 of the 18 employees in the printing division. An election date was accordingly set. Prior to the election, Hasbro sent a letter signed by the management to the employees. The letter stated that employees and their families faced “real risks” if they made “the wrong decision.” The letter concluded that the employees faced the loss of benefits and “the tragedy of permanent replacement” in the event a strike occurred. Another letter listed 28 benefits the employees risked losing if the union won the election. Mr. Feldman, a Hasbro manager, told one printing department employee that Hasbro would “never let another union in here.” He also stated that Hasbro would subcontract out the printing division’s work rather than deal with a union. The union subsequently lost the election. After the election, Feldman told an employee that the printing division would have been closed if the union had won. In addition, Hasbro granted higher-thannormal pay raises to the printing division immediately after the election. At this time, Hasbro knew that the union had filed objections to the election and had asked the NLRB to set aside the election and order Hasbro to bargain on the basis of the union’s authorization-card majority.
Is the company’s conduct within the company’s rights under the NLRA? Explain. Should the NLRB issue the bargaining order requested by the union? Explain. [NLRB v. Hasbro Industries, 109 LRRM 2911 (1st Cir.)]