Caterpillar Tractor Co. v. National Labor Relations Board

The question presented is whether substantial evidence supports the finding that Caterpillar Tractor Company violated the National Labor Relations Act on two occasions when it disciplined union steward Everett Cleveland. We find that there is substantial evidence, and therefore, deny Caterpillar’s petition for review, and grant the Board’s cross-application for enforcement of its order.

I.

The Board found that Caterpillar violated §§ 8(a)(1) and 8(a)(3) of the Act when Caterpillar issued a warning to Cleveland for his communication with employees in a department other than his own, because Caterpillar’s action was a discriminatory application of a plant rule that was motivated by Cleveland’s status as chief steward. We agree that § 8(a)(1) was violated. We therefore need not consider whether § 8(a)(3) was also violated.

Caterpillar’s discriminatory enforcement of plant rules against Cleveland because he was a union steward interfered with the exercise of Cleveland’s Section 7 rights. Caterpillar defends its disparate treatment of Cleveland on the ground that the presence of a union steward is “inherently disruptive.” This reason, however, does not constitute a legitimate…