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Tesco PLC d/b/a Fresh & Easy Neighborhood Market, Inc. and United Food and Commercial Workers International Union: Decision and Order

Author: National Labor Relations Board [USA], Published on: 25 June 2012

[T]he Respondent [Tesco] distributed a flyer…apologizing to customers for any inconvenience union protesters may have caused. The…flyer…[said]:…The protesters are not our employees and have been hired by the United Food & Commercial Workers (UFCW) union…The UFCW wants fresh&easy to unionize…this is a decision only our employees can make. They have not made this choice…We offer good pay as well as comprehensive, affordable benefits to all our employees…We take pride in being a great place to work…[T]he store manager, instructed employees to personally hand the…flyer to customers…We find that the Respondent’s employees reasonably would have perceived the flyer to be a component of the Respondent’s campaign against union representation…Because we find that employees would reasonably have perceived the flyer as a component of the Respondent’s counter campaign against the Union, we find that the Respondent’s requirement that employees personally hand the flyer to customers coerced employees in their choice whether to “participate in the debate concerning representation.”

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Related companies: Tesco