Timsco Inc. v. National Labor Relations Board

An election campaign was underway for a union (plaintiff) at Timsco, Inc. (defendant). During the campaign, Timsco’s general manager, Keith Pritchard (Keith), and Timsco’s president, Walter Pritchard (Walter), questioned maintenance employee John Marhefka multiple times over several weeks leading up to and after a tied election. In a first conversation, Keith said to Marhefka, “who’s ever behind this organizing is going to screw up a lot of jobs for a lot of people.” In a second conversation in Keith’s office, Keith asked Marhefka, confidentially, “why [do] the people want to start a union. We pay them a good wage.” In a third conversation, Keith went to Marhefka’s work area and asked, “What do these people want? Is it money?” Keith also encouraged Marhefka to ask Keith individually for desired benefits. In a fourth conversation, Keith asked Marhefka about the union’s strategy to challenge a particular employee’s vote. Further, Walter questioned Marhefka about his background of union membership and requested Marhefka’s support against the union. Walter also twice questioned another employee, Dorothea Green, about her union sympathies. Walter expressed disappointment and surprise that Green supported the union. The first election before the National Labor Relations Board (the board) was tied and set aside due to the board’s finding of coercive interrogation by Timsco. A second election resulted in the union’s certification as collective-bargaining representative. On review by the District of Columbia Circuit, Timsco challenged the board’s finding of coercive interrogation.