JBS Manufacturing : Interrogation, Surveillance, and Terminations

Abstract

Management and employee labor unions often have an adversarial relationship, especially when a union attempts to organize a non-union employer. There is a constant struggle between management, which seeks to dissuade employees from joining a union, employees who believe that forming a union might be beneficial, and employees who do not want to be represented by a union. The National Labor Relations Act (NLRA) establishes the “rules” for the interaction of these parties, and the National Labor Relations Board (NLRB) enforces those rules. It is often not clear what actions by these parties will be considered unlawful during a union organizing drive. This case illustrates several actions by managers and supervisors which were alleged to be unlawful after a union lost a representation election.