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NLRB Law Memo 06/30/2006
by Ross Runkel at LawMemo
NLRB Law Memo 06/30/2006
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Staff summarized 1 decision.
Supervalu Holdings, Inc. d/b/a Bigg's Foods (9-CA-39206, et al.; 347 NLRB No. 39) Cincinnati, OH June 23, 2006.
The Board adopted the administrative law judge's finding that the Respondent violated Section 8(a)(1) of the Act by orally amending its written no-distribution rule in response to its off-duty employees' union handbilling activities and prohibiting off-duty employees from distributing union handbills to customers, and violated Section 8(a)(3) and (1) by disciplining employees Amy Roberson, Helen Reardon, and Karen Brown.
In the absence of exceptions, the Board approved the judge's findings that the Respondent violated Section 8(a)(1) by tape recording a conversation with and interrogating an employee on Feb. 26, 2002; promulgating a rule prohibiting employees from wearing union pins during working time; and maintaining and enforcing a rule prohibiting employees from entering its facilities (unless shopping) more than 10 minutes prior to the start of their scheduled shift or remaining for more than 10 minutes after the end of their scheduled shifts; and violated Section 8(a)(3) and (1) by suspending employee Tina Morgan on March 8, 2002.
(Members Liebman, Kirsanow, and Walsh participated.)
Charges filed by Food & Commercial Workers Local 1099; complaint alleged violation of Section 8(a)(1) and (3). Hearing at Cincinnati, April 28-May 1 and June 2-3, 2003. Adm. Law Judge Arthur J. Amchan issued his decision Sept. 23, 2003.
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