Specifically, the judge found that the Company violated Section 8(a)(1) of the Act, 29 U.S.C. § 158(a)(1), by interrogating employees; and, to dissuade them from supporting the Union, by announcing and granting a $400 safety bonus, and by promising to erect shelters in smoking break areas.
Analyzing the situation under Atlantic Steel, 245 NLRB 814, 816 (1979), the Board found that the place of the discussion was neutral because although Craft made his remarks on the warehouse floor, he was speaking to two coworkers when a supervisor and team leader overheard their conversation.
As the Board reasonably found (A. 9-10), the Company failed to provide a legitimate explanation for deciding to announce, just a week before the election, a bonus that was not to be granted for several months, and for making good on its promise after employees voted against representation.
Viewed through the prism of an employees’ economic dependence on the employer, see Torbitt & Castleman, 123 F.3d at 906, the Board correctly found that the Company, by announcing right before the election a promise to construct outdoor shelters for employees who smoked, violated Section 8(a)(1) of the Act.