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National Labor Relations Board v. Coca-Cola Co. Foods Division

670 F.2d 84 (1982)

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National Labor Relations Board v. Coca-Cola Co. Foods Division

United States Court of Appeals for the Seventh Circuit
670 F.2d 84 (1982)

Facts

Richard Geer was a mechanic at a nonunionized plant owned by Coca-Cola Company Foods Division (company) (defendant). Geer filed a grievance with the company complaining that he was unfairly removed from a training program and returned to his previous role. The plant manager denied Geer’s grievance, and Geer complained to the manager’s superior. The plant manager then forbade Geer to discuss the grievance with other staff and threatened to retaliate against Geer if Geer did so. A charge was filed with the National Labor Relations Board (board) (plaintiff) alleging that the company had violated § 8(a)(1) of the National Labor Relations Act (act), which prohibited employers from disciplining or threatening employees for engaging in concerted activity protected by § 7 of the act. The administrative-law judge (ALJ) held that the plant manager’s conduct violated § 8(a)(1) because it interfered with and inhibited employees’ free expressions of their grievances. The board affirmed the ALJ’s decision, stating that the manager’s threat of retaliation restrained Geer’s right under § 7 of the act to discuss his grievance with other employees for the purpose of seeking their aid and support. The company appealed.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

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