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Poly-America, Inc. v. National Labor Relations Board

The company may not discharge any striking employees before permanent replacements have in fact been hired; the discharge of economic strikers prior to the time their places are filled constitutes an unfair labor practice.

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Petition for Review & Cross Petition for Enforcement of an Order of the National Labor Relations Board

Poly-America, Inc. seeks review of an order by the National Labor Relations Board finding that it violated sections 8(a)(1) and (3) of the National Labor Relations Act in its handling of events surrounding a work stoppage at one of its plants. In general terms, the order requires Poly-America to (1) cease and desist from promulgating and enforcing various anti-union policies; (2) reinstate with backpay the nineteen employees who participated in the work stoppage; (3) reinstate with backpay a former employee associated with the union whom it discharged on misconduct grounds; and (4) provide backpay to two employees associated with the union whom it suspended on misconduct grounds. The Board cross-petitions for enforcement.

We do not find substantial evidence to support the findings on which the Board based its order requiring Poly-America to offer reinstatement and backpay to Jason Snow, to cease and desist from threatening employees that it was rescinding an offer to pay for time off because of their union activities, to cease and desist from telling employees that they had been fired because of their union activities, and to cease and desist from conditioning the reinstatement of striking employees on acceptance within an unreasonably short period of time. We therefore reverse that portion of the Board’s order. We do find substantial evidence in the record to support all of the Board’s other determinations. Accordingly, we deny Poly-America’s petition insofar as it asks this court to reverse the Board’s decision as it applies to the promulgation of an overly broad anti-solicitation rule, threats against and interrogation of employees, videotaping of employees’ union activities, and discharge and suspension of union-active employees.

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