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See United Food and Commercial Workers Union, Local 204 v. NLRB (I), (II) 447 F.3d 821 (D.C. Cir. 2006) 506 F.3d 1078 (D.C. Cir. 2007)
The two cases presented involve organizing campaigns by the same union at two different plants operated by the Smithfield packing company. The first case involved organizing at the Tar Heel, North Carolina plant and the second case involved organizing at the Wilson, North Carolina. In both cases, the NLRB and courts were presented with a raft of charges brought against the company based on its response to (at that point unsuccessful) union organizing activity. Please respond to the following questions:
1. What were the legal issues in these two cases? What did the court decide?
2. Why were the employer’s actions discussed in the first case deemed unfair labor practices?
3. Why did the employer’s statements about prior plant closings not violate the NLRA? Couldn’t they reasonably be viewed as implied threats? Are you persuaded that the employer had a legitimate business reason for its videotaping? What effect does videotaping likely have on employees?
4. How should employers respond to union organizing?
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