The National Labor Relations Board applies for enforcement of its order upholding a decision of an administrative law judge invalidating a decertification election based on findings that Arkema Inc. violated the National Labor Relations Act before an election by disciplining a union employee for allegedly threatening to withdraw help needed by another employee. The undisputed testimony establishes that an employee needed assistance from others to perform physical aspects of her job; a threat to withdraw that assistance, gratuitous or not, would impair her ability to perform her job and could cause her to lose it. Such threats do not fall under the protection of the act and are subject to employer-discipline. The application for enforcement is denied. 5th U.S. Circuit Court of Appeals, No. 11-60877, 02-28-2013.
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National Labor Relations Board v. Arkema Inc.
5th Cir.
March 5, 2013
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