NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,500, LAIDLAW TRANSIT, INC. and CHERYL WYNN., (Sep. 30, 1994), National Labor Relations Board, (Sep 30, 1994)

LAIDLAW TRANSIT, INC. and CHERYL WYNN.

315 NLRB No. 13.Case Nos. 27-CA-12671 and -12743. September 30, 1994 Michael D. Stevenson, Administrative Law Judge..

Before Gould, Browning and Cohen.

A.E. Ruibal, for General Counsel. Larry Besnoff and Steven P. Steinberg, Philadelphia, Pennsylvania, for Respondent.

No-Solicitation and No-Distribution--Application to Nonwork Areas--Overly-Broad Application.--By promulgating and maintaining an overly broad no-solicitation and no-distribution policy and thereafter, by threatening to take disciplinary action against an employee based upon that invalid rule, an employer interfered with its employees’ right to freely select a bargaining representative. The rule was invalid because it was ambiguous, covered the employer’s nonwork areas and did not clearly convey to employees that they could solicit in work areas as long as the solicitation was on nonworking time. Section 8(a)(1).

Back reference: ¶3825.551.

From Text of Board’s Decision

The judge found that the Respondent, in mid-February 1993, threatened to take disciplinary action against employee Cheryl Wynn pursuant to an invalid no-solicitation/no-distribution rule if she distributed union materials in the drivers’ room again. The General Counsel excepts to the judge’s failure to find that this conduct violated Section 8(a)(1), as alleged in the complaint. We find merit in this exception and find that the Respondent’s conduct in threatening Wynn violated Section 8(a)(1). We shall modify the Order accordingly.