Source: cases/29usc158/f3d-927-0672-bozzuto.case
Case source: https://www.neochart.com/catalog/cases/f3d/volume_927/0672_01/index.html
In sum, the Bourne factors "are not to be mechanically applied," Rossmore House , 269 N.L.R.B. at 1178 n.20 ; and in order to determine whether questioning constituted an unfair labor practice, the Board assesses the "totality of the circumstances," i.e. , it considers "whether under all the circumstances the interrogation reasonably tends to restrain, coerce, or interfere with rights guaranteed by the Act," id . at 1178 & n.20.
We conclude, as did the dissent, that the record supports the conclusion that all of the Bourne factors, except Clark's position as a company officer, point toward a finding that Clark's question was not coercive and did not violate the Act.
casedsl 1 case /f3d/927/0672-01 name Bozzuto's Inc. v. Nat'l Labor Relations Bd. cite 927 F.3d 672 (2019) court United States Court of Appeals for the Second Circuit date 2019-06-24 url catalog/cases/f3d/volume_927/0672_01/index.html source ir/caselaw/f3d_927.jsonl sha1=634229b1af70dbc629262beb82fd466be055b962 chars=60000 law 29usc158 (a) role applied posture Review and cross-enforcement of multiple Board findings; selected block concerns McCarty interrogation, which the reviewing court rejects; other discharge/uncontested findings differ. result mixed element interference : not-satisfied [no-evidence] scope merits variant interrogation/casual-general-question-to-open-supporter party McCarty theory single interrogation fact @45175..45267 [cuts-against] | The question was asked by Clark during a chance encounter as McCarty was leaving a restroom. fact @45268..45345 [cuts-against] | It was asked of an employee who was, by then, an open supporter of the union. fact @45346..45539 [cuts-against] | The question was entirely general, the sort of question that might pass between any two employees, regardless of rank; it did not ask about individuals, and it carried no portent of discipline. rule @33749..34181 | In sum, the Bourne factors "are not to be mechanically applied," Rossmore House , 269 N.L.R.B. at 1178 n.20 ; and in order to determine whether questioning constituted an unfair labor practice, the Board assesses the "totality of the circumstances," i.e. , it considers "whether under all the circumstances the interrogation reasonably tends to restrain, coerce, or interfere with rights guaranteed by the Act," id . at 1178 & n.20. held @44596..44837 | We conclude, as did the dissent, that the record supports the conclusion that all of the Bourne factors, except Clark's position as a company officer, point toward a finding that Clark's question was not coercive and did not violate the Act. gloss The reviewing court rejects coercion after examining the full setting, not because managers have an unlimited right to question workers. Other violations are not imputed to this particular question. misfit The IR stops at 60,000 characters. This file records the fully available interrogation analysis, not the complete remedy/discharge reasoning; the overall mixed disposition is expressly stated at the opening. misfit Result is from the perspective of the General Counsel or charging party asserting the employer unfair labor practice, not from the employer-petitioner’s appellate position.