Circuit Watcher

05-6026-ag Int’l Union, United Auto., Aerospace, & Agricultural Implement Workers of Am., AFL-CIO v. NLRB
Before: MINER and RAGGI, Circuit Judges, and RAKOFF, District Judge.¹
Petitioner International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America, AFL-CIO petitions for review of those parts of a decision of the National Labor Relations Board that found that Stanadyne Automobile Corporation did not commit unfair labor practices in the period before a representation election by (1) orally issuing a rule that purported to prohibit “harassment” of co-workers, (2) suggesting possible plant closures and other negative consequences of unionization in speeches directed at employees, and (3) announcing improved employee pension benefits shortly before the election. We hold that it was unreasonable for the Board to find that Stanadyne’s no-harassment rule did not, in context, have a chilling effect on rights protected by Section 7 of the National Labor Relations Act, 29 U.S.C. § 157, but we hold that in all other respects the Board’s decision was reasonable and supported by substantial evidence. Petition granted in part, denied in part, and remanded. … Int’l Union, United Auto., Aerospace, & Agricultural Implement Workers of Am., AFL-CIO v. NLRB.

1. The Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by designation. [↩]