SHAW’S SUPERMARKETS, INC. V. NLRB
884 F.2d 34 (1st Cir. 1989)
NATURE OF THE CASE: This was an appeal over a sanction imposed by NLRB (D) on Shaw’s (P)
for unfair labor practices.
FACTS: Employees have the right to 'self-organization, to form, join, or assist labor
organizations, to bargain collectively through representatives of their own choosing ...'
Employers may not 'interfere with, restrain, or coerce employees in the exercise of' those
rights. In the midst of a union representation campaign, and five days before the election,
Charles Wyatt, P's vice president for distribution, held three meetings with three different
groups of employees. Wyatt said that if a union won 'the employees would be guaranteed
minimum wages and workmen's comp and that's where our collective bargaining process would
begin.' He made the same statement to the other two groups of employees. Wyatt also told all
the employees that 'typically the art of collective bargaining is a give and take process
and that ... we would start with minimum wages and workmen's comp and build from that
point.' Wyatt referred to a union as a 'third party.' He also said that 'the first contract
is generally the toughest or hardest to negotiate ... and that generally it could take up to
a year.' Wyatt's audience contained both full-time employees, then earning up to $11.70 an
hour, and part-time employees, then earning about $5.00 an hour; the federal minimum wage at
that time was $3.55 an hour. The NLRB found that P violated the NLRA because the statements
were a 'threat of reprisal' against collective organizing. P filed this dispute in court
over the findings.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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