NLRB Sets Aside Union's Election Loss for Closure Threat
When employees of Cleveland’s Ace Heating & Air Conditioning Co. began organizing for representation by Local 33 of Sheet Metal Workers International Association, they found themselves threatened with a business closure. The NLRB ruled that this threat, made by Ed Dudek who frequently served as an agent of the employer and was handing out paychecks to employees at the time of the threat, constituted a violation of Section 8(a)(1) in attempting to discourage employees from voting for union representation in the upcoming election. While evidence was presented that Dudek had previously been pro-union, this ruling has established that regardless of a company agent or supervisor’s intent, their position of power outweighs their objectives when considering how their actions may infringe upon employees’ Section 7 rights.
See "NLRB Sets Aside Union's Election Loss for Closure Threat", Elliott T. Dube, Bloomberg BNA, June 17, 2016