Sunnyvale Medical Clinic

277 N.L.R.B. 1217 (1985)

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Sunnyvale Medical Clinic

National Labor Relations Board
277 N.L.R.B. 1217 (1985)

SH

Facts

Two employees of Sunnyvale Medical Clinic (Sunnyvale) (defendant), Tracie Rothweiler and Pam Gardner, went to the office of Sunnyvale’s personnel director, Sandra Easterly, to take care of personal matters. As Rothweiler and Gardner were leaving, Easterly asked Rothweiler to stay behind and closed the door. Easterly asked why Rothweiler had joined the union and why the employees had not come to Easterly if they had complaints. Rothweiler responded that they had tried but nothing had been done. Rothweiler was a union member, which she had not hidden from Rothweiler, but she was not an open or active union supporter. In addition, Rothweiler later described the conversation as friendly and casual. The union (plaintiff) filed a charge against Sunnyvale for illegally interrogating Rothweiler. The judge dismissed the charge. The judge applied the totality-of-the-circumstances test from Rossmore House, 269 N.L.R.B. 1176 (1984), and found that Easterly was not attempting to gather information with the purpose of using it to take adverse action against employees. The union sought review of the judge’s findings by the National Labor Relations Board (NLRB).

Rule of Law

Issue

Holding and Reasoning (Information not provided in casebook excerpt.)

Dissent (Dennis, J.)

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