Midland National Life Insurance Co. v. Local 304A, United Food and Commercial Workers
National Labor Relations Board
263 N.L.R.B. 127 (1982)
- Written by Rose VanHofwegen, JD
Facts
The Local 304A, United Food and Commercial Workers union (plaintiff), campaigned to represent employees of Midland National Life Insurance Co. (Midland) (defendant). The National Labor Relations Board (NLRB) set one representation election aside and ordered a second. Just beforehand, Midland falsely told employees that the union caused a strike that closed another large local employer and bargained extensively with two others unsuccessfully. Midland also distributed the union’s financial reports showing no funds disbursed on behalf of individual members, without explaining that the form required reporting only those disbursements beyond normal operating expenses. That made it look like the union overpaid officers who were ineffective bargaining representatives, while spending nothing to represent individual members, implying that Midland’s employees would risk jobs and wages if the union represented them. The election tied, so the union did not attain the required majority. But the hearing officer concluded that Midland made substantial misrepresentations and distributed misinformation designed to defeat the union when it could not respond beforehand and again recommended setting aside the results.
Rule of Law
Issue
Holding and Reasoning ()
Dissent (Fannings and Jenkins, Members)
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