Davis Supermarkets Inc vs. National Labor Relations Board: A Case Study

1214 Words Feb 6th, 2018 5 Pages
v. National Labor Relations Board 2 F.3d 1162 (DC. Cir. 1993)
Facts: In Davis Supermarkets, Inc. v. National Labor Relations Board 2 F.3d 1162 (DC. Cir. 1993), the Court was asked to decide a dispute between an employer (Davis) and the National Labor Relations Board (NLRB). The NLRB had found that Davis committed unfair labor practices, which Davis disputed. A union (Local 23) was attempting to organize a local at Davis. Several employees signed authorization cards for the union. Six of those employees were terminated in a mass layoff that impacted eight employees. Davis then fired or constructively fired three more employees who had filed authorization cards. Davis's chairman of the board then informed employees that he wanted them to sign authorizations with the Steelworkers, a competing union. However, Davis maintained that the employees were terminated for cause, not because they signed authorization cards for Local 23.
Issues: Does the NLRB have to show that an employer knew of union activity of all employees targeted in a mass layoff to show that the mass layoff was conducted to discourage unionization? What does the Court consider when determining whether terminations were prohibited anti-union activity? Reasoning: The National Labor Relations Acts (NLRA) protects employees' rights to organize for the purposes of collective bargaining. Under the NLRA, employees have the right to "organize a union to negotiate with your…
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