Tuesday, December 22, 2020
In adopting the ALJ’s Recommended Order in
S&S Enterprises, LLC d/b/a Appalachian Heating, Case No. 09-CA-235304, the NLRB found that a leaflet distributed by the employer during union organizing efforts, which stated that it is against federal law for a labor union to threaten employees, did not violate the NLRA because it did not constitute the promulgation and maintenance of a new policy, as the union alleged.
Factual Background
In late 2018, the employer, which sold, installed, and serviced HVAC systems, became the target of unionization efforts. Eventually, the union brought multiple unfair labor practice charges against the employer, many of which the ALJ agreed constituted unlawful conduct.