NLRB Says HVAC Co.’s Anti-Union Leaflet Wasn’t Unlawful

Law360 (Dec 18, 2020, 8:08 pm EST) – An HVAC company in West Virginia did not breach federal labor law by distributing a leaflet that appeared to warn union supporters of a threat to their employees because the leaflet did not A new anti-harassment policy was presented, said the National Labor Relations Board.

A majority of the NLRB panel on Thursday upheld an administrative judge’s decision to dismiss an NLRB Attorney General’s request regarding the S&S Enterprises LLC leaflet distributed, despite the majority upholding more than a dozen other violations by the company of the National Labor Relations Act.

“Because the brochure ‘is not reasonably understood as … the promulgation of a new rule,’ …

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