holding that the temporal proximity between the unfair labor practices and the withdrawal of recognition allows for a conclusion that employees’ display of disaffection for their union might have been induced by the company’s unlawful actions
How later courts described this case
- holding that the temporal proximity between the unfair labor practices and the withdrawal of recognition allows for a conclusion that employees’ display of disaffection for their union might have been induced by the company’s unlawful actions
- concluding that bargaining conduct was not linked to isolated unlawful statements to employee
Written by the judges who cited it.
The opinion
JOHN MINOR WISDOM, Circuit Judge,
specially concurring.
I am satisfied that Hi-Tech approached the bargaining process in good faith.
While I applaud the Company’s insistence on taking steps to preserve the health of its work force, I believe that the Company might have given some consideration to the fact that many of its current, tobacco-addicted employees were hired at a time when smoking was permitted.