See also Frito Lay, Inc., 341 NLRB 515 (use of “ride-alongs” the grinch why hello sweet cheeks have a seat retro poster management representatives who rode with unit drivers to discuss working
the grinch why hello sweet cheeks have a seat retro poster
that Union organizers were representing themselves as Perdue agents when visiting employees in their homes, it needed to know the answers the grinch why hello sweet cheeks have a seat retro poster to Chappell’s questions to gauge the reach of the Union’s misrepresentations. But Perdue received the complaints over a month before the Union filed its election petition, the company immediately met with employees to warn them that Union organizers representing themselves as Perdue agents were reportedly visiting employee homes, and the meeting at which Chappell questioned employees occurred over two months later, a week after the election had been scheduled. Because Perdue never claimed that it was still receiving complaints at that time, we think the record supports the Board’s conclusion that Chappell had no legitimate reason for asking the question. ”)
(quoting Struksnes Constr. Co., 165 N.L.R.B. 1062, 1062 ). Perdue claims that the ALJ considered circumstances outside the Bourne factors, i.e., that Chappell “gave no assurances that by asking the question the employees would have nothing to fear,” Cooking Good Div. 323 N.L.R.B. No. 50, at 5, 1997 WL , but both this court and the Board have found that failure to give such assurances is relevant to the unlawful interrogation determination. See Midwest Reg. Joint Bd., 564 F.2d at 443; Fiber Glass Sys., Inc., 298 N.L.R.B. 504, 504–05, 1990 WL . A significant exception to the rule relating to employee interviews at the plant is found in Mall Tool Co., 112 NLRB 1313 . In that case, the employer spoke to about half of its employees at their workbenches. The interviews lasted no more than 3 minutes. In these circumstances, the interviews were distinguished from the Economic Machinery Co., 111 NLRB 947 , type and found not to constitute a basis for upsetting the election.
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