In a 2-1 party line vote, the Bush National Labor Relations Board (NLRB) decided an employer may explicitly inform workers who are about to vote on whether to form a union that workers in two other facilities lost their jobs after they formed a union.
The case involves security guards at a New York City hotel who were seeking to form a union with the Brotherhood of Security Personnel Officers and Guards Union. Eight days before the election, management circulated a memo saying security guards had been fired after voting for the union at two of the company's other hotels. The memo said, "So, in the final analysis, the majority who voted for this union (as well as the minority who voted against it) gained NOTHING, and LOST EVERYTHING! They lost all of their medical benefits, their 401K plans, and most importantly, they lost their jobs!"
The regional NLRB director ruled the memo "clearly implied" the union was responsible for the firings at the other two hotels and insinuated similar firings could happen if the workers voted for the union. The two Bush NLRB appointees overruled the regional director's decision and claimed the memo "did not exceed the bounds of permissible campaign statements."
In his dissent, the lone Democratic appointee said the memo "was a clear attempt to communicate the message that unionization at the other two hotels caused those employees to lose their jobs and benefits, and that unionization would likewise cause the employees to lose their jobs and benefits."
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