The United States Court of Appeals for the District of Columbia Circuit issued a decision involving the provision of the National Labor Relations Act that makes it unlawful for employers to “interfere with, restrain, or coerce employees” when they exercise the rights guaranteed under that statute. In sum, the employer in that case threatened and disciplined an outspoken employee-union supporter. Among other items, the employer (1) told the employee-union supporter to “stop worrying about the Union and worry about your job,” (2) investigated the employee-union supporter, (3) disciplined the employee-union supporter without an inquiry into her actions, contrary to the employer’s company policy, and (4) unlawfully interrogated the employee-union supporter over union literature. Not surprisingly, the Court of Appeals agreed with the National Labor Relations Board that the employee-union supporter’s protected activities were a motivating factor in her discipline and that the employer would not have taken the same actions in the absence of anti-union considerations.
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