NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,547, AVERY LEASING, INC. and LOCAL 7, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO., (Nov. 14, 1994), National Labor Relations Board, (Nov 14, 1994)

AVERY LEASING, INC. and LOCAL 7, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO.

315 NLRB No. 73.Case No. 7-CA-35409. November 14, 1994. November 14, 1994 Marvin Roth, Administrative Law Judge..

Before Gould, Browning and Cohen.

Richard Czubaj, for General Counsel. Jeffrey L. Green, Lansing, Michigan, for Respondent.

Discharges--Antiunion Animus--Known Unionist.--By discharging a known union organizer in an effort to discourage its employees’ attempts to organize a union an employer discriminated against him. The employer failed to meet its burden of establishing that it would have terminated the employee even in the absence of his union activity because the reasons set forth for his dismissal were found to be false, pretextual, or legally untenable. Section 8(a)(3).

Back reference: ¶4065.512.

Questioning of Employees--Organizational Activity--Knowledge of Unionists.--Once an employer discovered that its employees were engaging in a union organizing campaign, it unlawfully questioned one of them regarding the identity of the organizing ringleaders. Although the employee voluntarily told the employer that there was union activity, the employer had no legitimate reason to pursue the matter by further interrogating him concerning the union activities of other employees. Section 8(a)(1).

Back reference: ¶3750.80.