Facts

The Teamsters District Council 2, International Brotherhood of Teamsters, Graphic Communications Conference, Local 388M filed a complaint against Sacramento Container Corp. for alleged violation of the National Labor Relations Act.

CLAIMANT'S CONTENTIONS:
Claimant alleged that it was a labor union organization. Claimant alleged that respondent maintained a "Union Free" policy. However, respondent's workers expressed their desire to join a union to get better pay. In August 2013, claimant filed a petition with the National Labor Relations Board seeking to represent respondent's workers at its McClellan facility. Immediately, respondent hired a labor consulting firm.

Claimant claimed respondent ranked its workers based on its perceived union support to enable it to focus on those workers who were undecided about joining a labor union. Claimant alleged that respondent promised to pay workers higher wages in lieu of joining a union, and threatened termination if they supported a union.

RESPONDENT'S CONTENTIONS:
Respondent claimed it did not learn of the workers' campaign to join a union until the union filed a petition before the Board.

Result

Administrative Law Judge Jay R. Pollack concluded that respondent violated Section 8(A)(1) of the Act by threatening its employees with job loss of they support a union. The judge also found that respondent's questioning regarding its workers' union sympathies constituted a violation of the Act. As a result, the judge ordered respondent to cease and desist from interrogating its employees about their union sympathies, threatening to fire them for supporting a union, or acting in any way that interferes with their employees' rights guaranteed under the Act.