The International Association of Machinists and Aerospace Workers, AFL-CIO (Union), began soliciting the employees of Whitcraft Houseboat Division, North American Rockwell Corp. (Whitcraft), to organize a union. For three days, Whitcraft management dispersed congregating groups of employees. During these three days, production was down almost 50 percent. On the third day, Whitcraft adopted the following no-solicitation rule and mailed a copy to each employee and posted it around the workplace:
As you well know working time is for work. No one will be allowed to solicit or distribute literature during our working time, that is, when he or she should be working. Anyone doing so and neglecting his work or interfering with the work of another employee will be subject to discharge.
Two days later, a manager of Whitcraft found that two employees of the company were engaged in union solicitation during working hours in a working area. Whitcraft discharged them for violating the no-solicitation rule.
Submit a short discussion on answering these questions:
Is their discharge lawful? Did Whitcraft act ethically in discharging the employees?
Whitcraft Houseboat Division, North American Rockwell Corporation v. International Association of Machinists and Aerospace Workers, AFL-CIO, 195 N.L.R.B. 1046 (N.L.R.B.), Web 1972 NLRB Lexis 1117 (N.L.R.B.).