NLRB Recent Developments

Weekly Summary of NLRB Decisions for the week ending February 18, 2005.  The summary includes discussion of:

Atlantic Structures Corp.

The Board granted the General Counsel’s motion for summary judgment and held that the Respondent violated Section 8(a)(1) of the Act by statements made to employees; Section 8(a)(3) and (1) by discharging William Byer because he formed, joined and/or assisted Carpenters Local 613 and engaged in concerted activities; and Section 8(a)(5) and (1) by refusing to adhere to the terms and conditions of its collective-bargaining agreement with the Union and by bypassing the Union and dealing directly with unit employees regarding terms and conditions of employment.

Delta Brands Inc.

At issue is whether the Employer maintained an unlawful rule (Rule 31) in its employee policy manual that restricted workplace solicitation.  The hearing officer’s initial recommendation was to set aside the election based on Rule 31.  The Board thereafter remanded the case to the hearing officer to take additional evidence on the factual issue of whether Rule 31 had been disseminated to employees.  In her supplemental report, the hearing officer reaffirmed her finding that the Employer had engaged in objectionable conduct as to Rule 31, which prohibits “[v]ending, soliciting, or collecting contributions for any purpose unless authorized by management.”  Accordingly, the hearing officer recommended that one of the Union’s objections be sustained and that the election be set aside.  The majority maintained that the rule was not adopted in response to the union’s organizing campaign, but that it was part of a 36‑page handbook, and that only one employee