LORBEN Polling “Debate” Board Standards - Objective/Inflexible (Johnnies’ Poultry) valid er purpose (truth of union majority) purpose communicated to ees ees assured no reprisals Court Standards - Uncertain/Flexible (Lorben) er background wrt unionization nature of info sought (action against individual ees?) status of questioner place and method of polling truthfulness of reply
Struksnes Standards for legal employer polling of ees when no election filed valid er purpose (truth of union majority) purpose communicated to ees ees assured no reprisals poll is by secret ballot no other er UFLP’s Polling never legal when election petition filed
Surveillance, Photography, Videotaping Generally illegal to Observe employees or union for purpose of chilling union activities At or away from workplace Ee knowledge irrelevant To give impression of surveillance Not illegal to observe employees for purposes other than union activity Product quality Security