Eastex, Inc. v. National Labor Relations Board

Summary

The Supreme Court held that employees’ distribution of a union newsletter addressing union solidarity, right-to-work laws, and the federal minimum wage constituted concerted activity for the purpose of mutual aid or protection under § 7 of the National Labor Relations Act. The Court further held that, absent evidence of interference with plant discipline or production, the employees could distribute the newsletter in nonworking areas of the employer’s property during nonworking time under the rule of Republic Aviation.

Holdings

1. Concerted employee activity aimed at improving employees' terms and conditions of employment or otherwise improving their lot as employees may fall within § 7's protection even when pursued through legislative or political channels outside the immediate employee-employer relationship. The newsletter's right-to-work and minimum-wage sections were protected activity for mutual aid or protection.
2. Under the circumstances presented, the Board properly applied the Republic Aviation rule to permit employees to distribute the newsletter in nonworking areas during nonworking time. Because Eastex did not show that the distribution would interfere with plant discipline or production, its refusal to permit the distribution violated § 8(a)(1).

Questions Presented

1. Whether employees' concerted efforts to oppose incorporation of a right-to-work statute into the state constitution and to support an increase in the federal minimum wage constituted activity for the purpose of mutual aid or protection under § 7 of the National Labor Relations Act.
2. Whether employees could distribute the newsletter in nonworking areas of the employer's property during nonworking time under the Republic Aviation rule when the employer did not show interference with plant discipline or production.

Disposition

affirmed