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Allegheny Ludlum Corp. v. National Labor Relations Board

301 F.3d 167 (2002)

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Allegheny Ludlum Corp. v. National Labor Relations Board

United States Court of Appeals for the Third Circuit

301 F.3d 167 (2002)

Facts

Allegheny Ludlum Corp. (Allegheny) (defendant) manufactured steel products. A labor union (the union) (plaintiff) sought to organize certain Allegheny employees, and a unionization election was scheduled. Prior to the election, Allegheny sought to produce an antiunion campaign video that showed satisfied employees around the company. On the first day of filming, a manager approached several employees at their desks and asked if they would consent to be videotaped. Some agreed. Not all the consenting employees had been given advance notice of the filming, and a few later asked to be edited out of the video. Subsequently, before further filming, Allegheny distributed two forms of solicitation notices to employees. One of the notices required employees to notify an Allegheny director or counsel to opt out of being filmed, while the other notice instructed employees to “advise the video crew” of the employee’s preference not to be filmed. Allegheny produced a video and showed the video to employees during business hours. The union narrowly lost the election and sought to establish before the National Labor Relations Board (the board) that Allegheny’s solicitation of employees for the video violated the National Labor Relations Act. The board found in the union’s favor. The Third Circuit reviewed the matter.

Rule of Law

Issue

Holding and Reasoning (Sloviter, J.)

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