00-3595, 00-3861 Multi-Ad Services, Inc. v. NLRB

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“Substantial evidence supports the Board’s conclusion that management coercively interrogated Mr. Steele on August 16. The closed-door meeting was conducted in a manager’s office by Heathcoat and Ireland, two people who had authority to fire Mr. Steele. The two managers questioned Mr. Steele regarding why he would want to bring a union into the company. See Beverly Cal. Corp., 227 F.3d at 835 (holding that an employer may not probe directly or indirectly into an employee’s reasons for supporting a union). Moreover, Ireland immediately thereafter asked Mr. Steele about his own career advancement and arranged an interview for a maintenance position, even though no such opening existed.”

“In this case, three employees testified unequivocally that DeRossett said that the bindery department would be the ‘first to go’ if they brought in a union, and this evidence is more than sufficient to establish a violation.”

“Multi-Ad claims as an affirmative defense that it fired Mr. Steele for leaving three meetings without permission. The Board concluded, however, that Multi-Ad’s proffered reason was pretextual and that the company fired Mr. Steele because of his efforts to unionize. That conclusion is supported by substantial evidence, including (1) Multi-Ad’s written explanation of termination stating a different reason – that he was discharged because he refused to abide by corporate policies; (2) the Sept. 4 encounter was not a ‘meeting’ – Mr. Steele entered the office to pick up materials to which he was legally entitled and twice denied access; and (3) no manager instructed Mr. Steele to remain at the previous two meetings, both of which occurred after shift hours. Thus, substantial evidence supports the Board’s conclusion that Multi-Ad fired Mr. Steele because of his union activity and that its stated reasons for doing so were pretextual.”

Order enforced.