United States First Circuit

While an employer may communicate or clarify its position to employees, telling employees that the failure of negotiations was the Union's fault and actively solicit employee input on "what the men want" is a violation of 29 USC 158(a)(5).

Appellate Information

• Decided 07/16/2001
• Published 07/16/2001

Judges

• SCHWARZER, Senior District Judge., Before LYNCH, Circuit Judge, COFFIN, Senior Circuit Judge, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert P. Corcoran, for petitioner., Marc H. Rifkind, with whom Lynn A. Bowers, Marc A. Tenenbaum, Slevin & Hart, P.C., Mary T. Sullivan and Segal, Roitman & Coleman were on brief, for intervenor.


• For Appellees:
  
• William M. Bernstein, Senior Attorney, with whom Leonard R. Page, Acting General Counsel, John H. Ferguson, Associate General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel, were on brief, for respondent.