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Crown Cork & Seal. In order for a violation of 8(a)(2) to be found, there must be domination or interference with a “labor organization” In the absence of a “labor organization” can be no violation of 8(a)(2)

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crown cork seal
Crown Cork & Seal
  • In order for a violation of 8(a)(2) to be found, there must be domination or interference with a “labor organization”
    • In the absence of a “labor organization” can be no violation of 8(a)(2)
  • Per Section 2(5), for an entity to be labor organization it must “deal with” the employer
    • “dealing with” entails a bilateral interaction” between entity and employer
socio tech system
Socio-Tech System
  • Board found no “dealing”
    • absence of a “bilateral relationship”
    • Socio-tech committees and bodies essentially had full delegation from the employer, albeit within their jurisdiction and subject to employer policies
      • Production Teams
        • Production, quality, safety, attendance, training, maintenance, not lost time discipline
      • High Level Committees
        • Membership from teams and management
        • Make recs to upper mgmt but often implemented before rec
    • Committees exercised “supervisory” authority
    • Interactions with upper level management are between two management bodies
      • Typical management structure in which higher levels of mgt. approve recommendations or actions of lower levels of mgt.
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