holding that a newsletter that “urg[ed] employees to write their legislators to oppose incorporation of the state ‘right-to-work’ statute into a revised state constitution,” “criticiz[ed] a Presidential veto of an increase in the federal minimum wage[,] and urg[ed] employees to register to vote” was protected concerted activity
How later courts described this case
- holding that a newsletter that “urg[ed] employees to write their legislators to oppose incorporation of the state ‘right-to-work’ statute into a revised state constitution,” “criticiz[ed] a Presidential veto of an increase in the federal minimum wage[,] and urg[ed] employees to register to vote” was protected concerted activity
- recognizing "labor's cause often is advanced on fronts other than collective bargaining" and that "the language of § 7 makes clear, to protect concerted activities for the somewhat broader purpose of `mutual aid or protection' as well as for the narrower purposes of `self-organization' and `collective bargaining'"
- holding that employees have the right to distribute union literature in non-work areas of the employer’s premises during non-working periods and employers may not interfere with this right except to the extent necessary to maintain production or discipline
- holding that “employees’ appeals to legislators to protect their interests as employees are within the scope” of the employees’ right under section 7 of the NLRA to engage in “ ‘mutual aid or protection’ ”
Written by the judges who cited it.
Distinguished
Distinguished by In re Hawai'i Government Employees Ass'n, Local 152, 116 Haw. 73 (2007)
” The State also contends Eastex is inapposite because “[t]he Eastex ease had nothing to do with the posting of campaign materials on Union bulletin boards” but instead involved a private company prohibiting a union from distributing its union newsletter to production employees and “[t]he Court held the Union was permitted to distribute the newsletter to its members, in nonworking areas in
The opinion
Mr. Justice White,
concurring.
As I understand the record in this case, the only issue before the Administrative Law Judge and before the Board was whether the activity engaged in here by the employees was the kind of activity protected by § 7 of the National Labor Relations Act. The Administrative Law Judge held that the circulars were related to matters encompassed by § 7 and noted that there had been no attempt or evidence to show that even though the distributions were § 7 activity, there were nevertheless circumstances that permitted the employer to forbid the distributions on his property. The Board adopted the report of the Administrative Law Judge.
I agree that the employees here were engaged in activity protected by § 7, at least in the sense that the employer could not discharge employees for propagandizing their fellow workers with materials concerning minimum wages and right-to- *579 work laws, so long as the distribution takes place off the employer's property. I agree further that under current law and the facts and claims in this record, the distributions could take place on the employer’s property. Accordingly, the Board was entitled to have its order enforced and I join the judgment and opinion of the Court.
In doing so, I should say that it is not easy to explain, why an employer need permit his property to be used for distributions about subjects unrelated to his relationship with his employees simply because it is convenient for the latter to use his property in this manner and simply because there is no interference with “management interests.” Ownership of property normally confers the right to control the use of that property. Here there was no finding by the Board that the literature sought to be distributed was connected with the bargaining relationship; and I doubt that federal law requires the employer always to permit his property to be used for solicitations and distributions having § 7 protection, even by and among employees in nonworking areas and during nonworking times. Such distributions might concern goals and ends about which his work force, considered as a whole, as well as the public, may be deeply divided, with which he may have no sympathy whatsoever, or in connection with which he would not care to have it inferred that he supports one side or the other. All of these, if substantiated by the record, would appear to be substantial factors to be weighed in the balance when determining whether the employer has violated the Labor Act’s strictures concerning his relationship with his employees.
However this may be, on the record before us, I am content to affirm the judgment of the Court of Appeals.