The UAW (union) filed a representation petition on May 15, 2000, to represent some 650 production workers at Stanadyne Automobile Corporation's plant in Windsor, Connecticut, and the Board scheduled the election for June 29, 2000. Before the election, the employer had no rule prohibiting employees from talking about any topic they chose during working hours. After the petition was filed, supervisors informed employees that the employees were not allowed to discuss the union or solicit union support during working hours and that violations could result in being disciplined or fired.
On June 6, CEO William Gurley delivered a prepared speech to groups of employees in which he stated in part:
It has come to my attention that some union supporters, not all, but some are harassing fellow employees…. Harassment of any type is not tolerated by this company and will be dealt with.
The union lost the election and filed unfair labor practice charges against the employer. The employer admits that the supervisors should not have told employees that they were not allowed to discuss the union or solicit support during working hours, and it does not challenge a finding that this activity was a violation of rights protected by Section 7 of the NLRA. The employer insists, however, that CEO Gurley had a right to promulgate the no-harassment rule on June 6 and this rule could not be construed to prohibit protected activity. The union disagrees. Decide. [UAW v. NLRB,
520 F.3d 102 (2d Cir. 2008)]