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Gourmet Foods, Inc. v. Warehouse Employees of St. Paul
National Labor Relations Board
270 N.L.R.B. 578 (1984)
Gourmet Foods, Inc. (Gourmet) (defendant) learned that some of its employees intended to form a union. Over the next five months, Gourmet fought against the union using a number of tactics. Early in the five-month period, Gourmet’s president stated publicly that he “would do anything to keep a union out.” The Warehouse Employees of St. Paul (the union) (plaintiff) represented a group of employees, but it did not at any point represent a majority of Gourmet’s employees. The union filed a charge against Gourmet for unfair labor practices and requested a remedial bargaining order. The evidence did suggest that Gourmet had engaged in unfair labor practices during the five-month campaign, including discharging and disciplining employees in a discriminatory manner, threatening to discharge employees or close the plant, and imposing harsher working conditions as a retaliatory action. However, the judge declined to determine whether Gourmet’s misconduct warranted a bargaining-order remedy because the representation of a majority was a necessary prerequisite to such a remedy. The union sought review of the judge’s findings by the National Labor Relations Board (NLRB) on the grounds that a bargaining order was a warranted remedy because Gourmet’s unfair labor practices were outrageous and pervasive.
Rule of Law
Holding and Reasoning (Information not provided in casebook excerpt.)
Concurrence (Dennis, J.)
Dissent (Zimmerman, J.)
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