Zurn Industries, Inc. v. National Labor Relations Board

Petitioner, Zurn Industries, Inc. (Zurn), appeals from a decision of the National Labor Relations Board (Board) holding that Zurn’s discharge of six employees was an unfair labor practice in violation of Section 8(a)(1) of the National Labor Relations Act (the Act), 29 U.S.C. § 158 (a)(1). The Board cross-appeals for enforcement of the order.

Zurn contracted with the Washington Public Power Supply System to design and construct concrete cooling towers for a nuclear power plant near Satsop, Washington. The six employees in question were Zurn’s concrete placement crew (“mud crew”) for the jobsite. On August 15, 1979, these employees were among those attending one of Zurn’s regular weekly safety meetings. The main topic at the meeting was employee concern over Zurn’s newly acquired safety skip, a device used to move injured workers. Procurement of an adequate safety skip had been a source of controversy between the workers and management for several months. The meeting generated a heated discussion. Field Superintendent Buffington came from his adjacent office and interrupted the meeting, telling the group in an annoyed tone that he was “tired of hearing all this commotion about…