Reference no: EM131706400

Question: Handicabs, Inc. provides transportation services to disabled and elderly persons in the Minneapolis- St. Paul metropolitan area. Handicabs established a policy prohibiting the discussion of company-related problems with clients. The policy, addendum no. 2 in the employee handbook, states in relevant part: Discussing complaints or problems about the company with our clients will be grounds for immediate dismissal. ... All of our clients are protected by the Vulnerable Adults Act. According to this law, you must not tease them, take monies (other than ride-fare or tip) from them, curse or use profanity while in their presence, or do anything verbal or physical or of a sexual nature. Also, you must not put these people in a threatening or uncomfortable position by discussing any personal or company-related problems that may make them feel coerced or obligated to act upon or react to.

In addition, Handicabs maintained a company policy, addendum no. 1, that prohibited its employees from discussing their wages among themselves, violation of which was also grounds for immediate termination. On September 20, 1994, Handicabs discharged one of its drivers, Ronald F. Trail, after receiving a complaint that he had been "talking about the union" with his passengers. The complaint was made by Claudia Fuglie, a Handicabs employee and paying client. Fuglie is wheelchair bound and dependent on the handicapped-accessible transit service. Fuglie complained that the talk of unionization and potential work stoppage distressed her. In response to his termination, Trail filed an unfair labor practice charge with the NLRB. How should the NLRB rule on his complaint? Which, if any, sections of the NLRA has Handicabs violated? Explain. See Handicabs, Inc. v. NLRB [95 F.3d 681 (8th Cir. 1996)].