National Labor Relations Board v. ImageFIRST Uniform Rental Service, Inc.

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The NLRB determined that ImageFIRST Uniform Rental violated the National Labor Relations Act, 29 U.S.C. 157, by prohibiting union representatives from distributing pro-union literature in the public right-of-way adjacent to ImageFirst’s facility and by attempting to remove the union representatives from the public right-of-way. The Third Circuit granted the application for enforcement of the NLRB's order on that basis. The court did not uphold the NLRB finding that ImageFirst violated Section 8(a)(1) by threatening to summon and summoning the police when the union representatives refused to leave from the public right-of-way. Substantial evidence did not indicate that ImageFirst’s threat and call to the police were motivated solely by a desire to remove the union representatives. Based on the evidence, no reasonable finder of fact could have failed to find that ImageFirst’s conduct was motivated by a broader—and reasonable—concern over its property interests based on the union representatives’ repeated and ongoing forays onto its private property. View "National Labor Relations Board v. ImageFIRST Uniform Rental Service, Inc." on Justia Law