Peter, an employee of Company XYZ, sent an email to three co-workers, asking them to wear blue in support of Union ABC which was trying to organize at that location. The Company gave Peter a written warning about violating the Communication Policy which stipulated that employees could not use its system to "solicit for commercial ventures, religious or political causes, or outside organizations".
The Union filed an Unfair Labor Practice with the NLRB about this action
1. What is the Union's argument?
- Which provision(s) of the NLRB would the Union say was violated?
- What evidence would the Union say was violated?
- What evidence would the Union need to have?
2. What is the Company's argument? How would it defend the ULP charge?
- What evidence would the Company need to have?
3. If the NLRB rules against the Company and the Union is ultimately certified, do you think this loss (on the ULP) charge might affect the Company at the bargaining state? Why or why not? If yes, then how?