Opinion

Cook Paint and Varnish Company v. National Labor Relations Board

  • 648 F.2d 712
  • 208 U.S. App. D.C. 339
  • 106 L.R.R.M. (BNA) 3016
  • 1981 U.S. App. LEXIS 14690
Court
Court of Appeals for the D.C. Circuit
Filed
Apr 2, 1981
Status
Published
Author
Robb
On the bench
Wright, Robb, Edwards
Cited by
13 cases

holding that an employer may threaten an employee with discipline in seeking to compel compliance with investigatory questions regarding employee misconduct if the employer’s inquiry is still in the investigatory stages

How later courts described this case

  • holding that an employer may threaten an employee with discipline in seeking to compel compliance with investigatory questions regarding employee misconduct if the employer’s inquiry is still in the investigatory stages
  • in pre-arbitration interview of employee, employer “may be prohibited from prying into union activities, or using the interview as an excuse to discover the union strategies for arbitration”
  • “[T]his court has stressed . . . that the [NLRB] possesses an unmatched expertise in distilling and identifying the coercive effects of employer conduct.” (citation omitted)
  • suggesting employer coercion needed to make rights "enforceable"

Written by the judges who cited it.

The opinion

ROBB, Circuit Judge,

dissenting in part:

I concur in Judge Edwards’ opinion except that I would not remand to the Board the matter of the Steward Whitwell.

On the remand the Board of course will be required to reach a conclusion based on the evidence in the record. In my judgment however there is nothing in the record to suggest that Whitwell was entitled to special protection because of his status as a *726 union steward. As Judge Edwards points out the questioning of Whitwell “was purely factual in nature, concerning solely the events that occurred at the plant on February 3.” (Op., at 714). In other words Whitwell was interviewed simply as a witness, not as a steward, and the questioning had nothing to do with his activities or functions as a steward. On these facts I think Whitwell’s status as a steward did not insulate him from his duty to disclose what he knew about the incident of February 3.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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