Cooper Tire & Rubber Co. v. National Labor Relations Board

I respectfully dissent because, unlike the majority, I do not think that substantial evidence supports the NLRB’s conclusion that the statements contained in Question #22 interfered with the employees’ right to elect a labor union. In the days leading up to the election, Todd Lemke, the General Manager of Cooper’s Cedar Rapids warehouse, prepared two question-and-answer style memoranda (dated January 17, 2003 and January 27, 2003) for distribution to the employees. The NLRB found that the twenty-second question and answer in the second memo violated section 8(a)(1) of the National Labor…