BURNUP AND SIMS Key Points

1
BURNUP AND SIMSKey Points

• Intent not a necessary element of a violation of
  8(a)1
• Focus on effect of employers actions on other
  employees
• Employer good faith not sufficient to shield it
  from a violation where employer had erred
• Employers dilemma - risk consequences of
  employee actions or risk being found in violation
  of NLRA

2
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 . . .