NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,540, MORTON INTERNATIONAL, INC. and MARTIN D. HOWELL., (Nov. 10, 1994), National Labor Relations Board, (Nov 10, 1994)

MORTON INTERNATIONAL, INC. and MARTIN D. HOWELL.

315 NLRB No. 71.Case No. 9-CA-30898. November 10, 1994 Claude R. Wolfe, Administrative Law Judge..

Before Devaney,Browning and Cohen.

Joseph C. Devine, for General Counsel. David J. Millstone and William A. Nolan, for Respondent.

Discrimination--Lack of Union Activity--Concerted Work Protest.--By discharging two employees because they engaged in concerted and protected activities, an employer discriminated against them. The two employees had protested the employer’s smoking policy by adding comments to a posted memo in the employee lunch room. The known or suspected participation in this protest of a working condition by the two employees was a motivating factor in the employer’s decision to terminate them, and it failed to prove that it would have fired them absent their concerted activities. Section 8(a)(3).

Back reference: ¶4065.455.

From Text of Board’s Decision

The Board has considered the record in light of the exceptions and brief and has decided to affirm the judge’s rulings, findings, [1] and conclusions and to adopt the recommended Order.