BURNUP AND SIMS Key Points Intent not a necessary element of a violation of 8(a)1 Focus on effect of employer’s actions on other employees Employer “good faith” not sufficient to shield it from a violation where employer had erred Employer’s dilemma - risk consequences of employee actions or risk being found in violation of NLRA

Relevant Provisions of NLRA 7. “Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, . . . .” “8(a) Unfair labor practices by employer. It shall be an unfair labor practice for an employer (1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section (7) of this title; . . . (3) by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization: . . .”