Employer Actions in VEPCO

• Speech– Speech

– Bulletin asking ees not to bargain through a union

• Conduct– Anti-union history– Interrogation of ees– Railway Audit observation

of ees– Establishment of

“company union”– Surveillance of union

meetings– Warning to ees about

“messing with the CIO”– Discharge of two ees

VIRGINIA ELECTRIC AND POWER (AND NOTE)

Key Points

• Employer right of free speech – since encoded in Section 8( c )– Board may not base a finding of UFLP solely on speech

• Totality of Conduct• Captive Audience Doctrine

– Right of er to deliver captive audience speeches (Livingston Shirt, 1953)

– Exceptions• within 24 hours of election (Peerless Plywood, 1953)• in presence of privileged no solicitation rule

“Laboratory Conditions”

• Ideal conditions for a representation election• May be conceived of as conditions that would

exist if employees in possession of full information and have had time for discussion and contemplation and are not improperly influenced by employer, union, or other employees

• Violation of laboratory conditions by either side results in setting aside election– A party to election may compromise the laboratory

conditions without committing a UFLP