Electromation, Inc. v. National Labor Relations Board

35 F.3d 1148 (1994)

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Electromation, Inc. v. National Labor Relations Board

United States Court of Appeals for the Seventh Circuit
35 F.3d 1148 (1994)

  • Written by Rose VanHofwegen, JD

Facts

Electrical-component manufacturer Electromation, Inc. (defendant) had about 200 employees. When Electromation changed its attendance-bonus and wage policies, 68 dissatisfied employees signed a letter requesting reconsideration. Electromation created action committees to address five subjects, including the attendance-bonus policy but not wages, and posted sign-up sheets. Employees initially resisted, but management pressed the idea until they accepted. Electromation decided each committee would comprise five employees, a manager or supervisor, and employee-benefits manager Laura Dickey, who set committee agendas and coordinated meetings. Employees could serve on only one committee at a time. Electromation paid employees for time spent in meetings and provided a conference room and supplies. The attendance-bonus committee developed one proposal that was rejected as too costly. Otherwise, no action had been taken when the International Brotherhood of Teamsters petitioned the National Labor Relations Board (NLRB) (collectively, plaintiffs) for union recognition. Electromation said the committees could continue meeting without management representatives present, but the committees disbanded. The NLRB found the committees were labor organizations under the National Labor Relations Act (NLRA) and that Electromation had engaged in unfair labor practices by creating and dominating the committees. Electromation appealed.

Rule of Law

Issue

Holding and Reasoning (Will, J.)

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