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Employer Does Not Unlawfully Interfere With Union Organization Efforts by Informing Employees of Negative Union History or by Videotaping Organization Activities

This report relates to 1 case(s)

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    UFCW Local 204 v. NLRB, 506 F.3d 1078 (D.C. Cir. 2007) (0 other reports)

Author: Irene Stavrellis Englert, Englert Legal Consulting, LLC.

In UFCW Local 204 v. NLRB, +506 F.3d 1078 (D.C. Cir. 2007), the United States Circuit Court of Appeals for the District of Columbia Circuit considered whether an employer unlawfully interfered with union organization efforts in violation of the National Labor Relations Act (NLRA) by threatening plant closure and by videotaping organization activities.

Section 7 of the NLRA gives employees the right to self-organization, to bargain collectively and to "engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection." +29 USCS § 157. Under Section 8(a)(1) of the NLRA, an employer's interference with, restraint of or coercion of employees in their exercise of these rights is an unfair labor practice. +29 USCS § 158(a)(1). If an employee believes that an unfair labor practice has been committed, the employee must file a charge with the National Labor Relations Board (NLRB).

In this case, the United States Circuit Court of Appeals for the District of Columbia Circuit held that the employer did not violate the NLRA when it informed employees that the plant had previously been shut down three times following unionization or when it videotaped organization activities.