Lippincott Industries, Inc. v. National Labor Relations Board

Lippincott Industries, Inc. (Lippincott) petitions for review of a decision of the National Labor Relations Board (Board), 251 NLRB No. 34 (1980). The Board cross-applies for enforcement of its order.

The Administrative Law Judge (ALJ) concluded that Lippincott violated Section 8(a)(1) of the National Labor Relations Act (Act), 29 U.S.C. § 158 (a)(1), by unlawfully interrogating three employees during the union organizational campaign. The ALJ further held that Lippincott violated Sections 8(a)(1) and (3) of the Act, 29 U.S.C. §§ 158 (a)(1) and (3), by discharging one of those employees three hours before the representation election because of her known pro-union sentiment, and because her discharge would have a chilling effect on the other employees who would be voting in the election. The Board affirmed the ALJ’s findings and conclusions. We enforce the Board’s order.

EMPLOYEE INTERROGATIONS

Interrogation of employees is an unfair labor practice when, under all the circumstances, the interrogation reasonably tends to restrain or interfere with the employees in the exercise of their protected rights. Penasquitos Village, Inc. v. NLRB, 565 F.2d 1074, 1080 (9th Cir. 1977). The…