LABOR LAW--LABOR-MANAGEMENT RELATIONS ACT--"CAPTIVE AUDIENCE" DOCTRINE

Authors

George B. Berridge S.Ed., University of Michigan Law SchoolFollow

Abstract

The day before a representation election was to be held at respondents plant the employees were assembled on the premises during working hours to hear an anti-union address by respondent's president. The union requested but was refused a similar opportunity to address the employees, and it appeared that respondent had in force a rule prohibiting union solicitation on company property. The National Labor Relations Board decided that although the contents of the president's speech were within the privilege of section 8(c) of the amended National Labor Relations Act, in refusing the union's request respondent had applied its no-solicitation rule in a discriminatory manner and had thereby violated section 8(a)(1) of that statute. On petition for enforcement of the Board's order requiring respondent to cease and desist from interfering with its employees' rights ''by discriminatingly applying its no-solicitation rule,'' held, enforcement granted. It is an unfair labor practice for an employer having a no-solicitation rule to make an anti-union address to his employees during working hours. NLRB v. American Tube Bending Co., (2d Cir. 1953) 205 F. (2d) 45.

Recommended Citation

George B. Berridge S.Ed., LABOR LAW--LABOR-MANAGEMENT RELATIONS ACT--"CAPTIVE AUDIENCE" DOCTRINE, 52 Mich. L. Rev. 1068 (1954).
Available at: https://repository.law.umich.edu/mlr/vol52/iss7/12