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Young’s e-mail address is actions taken against union members by management at an upstate New York Anheuser-Busch brewery violated the National Labor Relations Act, the 4th U.S. Circuit Court of Appeals held on Aug. 1. Anheuser-Busch Inc. v. NLRB, nos. 02-1740; 02-1897. An employee at the Baldwinsville, N.Y., facility was confronted by management about allegedly obstructing an independent contractor’s work for the company. He twice requested that his preferred shop steward represent him while he addressed the allegations, but management twice refused, and told him that he would be disciplined for his alleged act. When the Teamsters’ Union filed a grievance on the worker’s behalf, an administrative law judge concluded that Busch had violated the NLRA. Busch filed exceptions to the order. On review, the National Labor Relations Board (NLRB) affirmed the judge’s order. Busch petitioned for review of the order and the NLRB cross-applied for enforcement of its order. Denying the brewery’s petition and and granting the NLRB’s application, the 4th Circuit said that an employee is entitled, absent extenuating circumstances, to the union representative of his choice and it was not proper for Busch to insist that the employee be represented by the shop steward of the managers’ choice.
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