Record contained sufficient evidence to support ALJ's and Board's finding that petitioner-employer violated section 8(1)(a) of National Labor Relations Act by directing employee to remove pro union, "Cellar Lives Matter" shirt and by maintaining policy that limited eligibility to bonuses to non-union employees. Record showed that: (1) employee who had worked in cellar department had worn said shirt for approximately two weeks during time when union was attempting to unionize petitioner's employees; (2) petitioner's management told employee to remove shirt because numerous people found slogan on said shirt to be offensive; (3) employee denied that said slogan was racially motivated; and (4) petitioner failed to identify at hearing anyone who found said slogan to be offensive. Moreover, section 8(1)(a) of NLRA prohibits employers from interfering with free exercise of employee rights under Act, and instant directive to not wear shirt interfered with employees right to wear clothing bearing pro-union message. Petitioner also failed to present evidence of special circumstance that justified any restriction of employee's pro-union expression, especially where no co-worker had complained about slogan, and employee did not have contact with petitioner's customers. Also, petitioner's bonus eligibility policy violated section 8(1)(a), since it suggested that employees who choose union representation would automatically be excluded from bonus eligibility.
Federal 7th Circuit Court
Civil Court
Labor Law