'Totes' Incorporated v. National Labor Relations Board

ORDER

The question here is whether an employer is justified in suspending petitioner Letitia Beaumont for six weeks because of her activities during a union-sanctioned strike. Beaumont was accused of throwing a firecracker at a supervisor’s car, carrying a “club” on the picket line, and for allegedly following a supervisor’s car. There is no dispute about the firecracker and “club” carrying incidents; nonetheless, the ALJ and the Board held that such behavior did not exceed the bounds of protected union activities.

Although the incidents regarding “club” carrying and following a supervisor’s…