Bozzuto's Inc. v. Nat'l Labor Relations Bd.
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)
Facts
- 3 Interference, restraint or coercion not no-evidence
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.
- 3 Interference, restraint or coercion not no-evidence
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.
- 3 Interference, restraint or coercion not no-evidence
The question was asked by Clark during a chance encounter as McCarty was leaving a restroom.
- 3 Interference, restraint or coercion not no-evidence
It was asked of an employee who was, by then, an open supporter of the union.
- 3 Interference, restraint or coercion not no-evidence
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.