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Word Count: 2,300
The relevant facts are centered on communications concerning union activity by the banks employees the banks management and the union On one occasion membership cards had been distributed to various locations within the bank On two separate occasions bank employees had been directly involved in initiating union activity The banks management communicated with its employees as an information and education campaign Communication took place via meetings and letters The union had formally communicated with the employees by letters sent to their home addresses A guard at the main office discovered that membership cards had been distributed to the various teller stations the bookkeeping department the switchboard and in the ladies lounge Management never was able to determine who was responsible for the distribution of the cardsHarold Newell vice president of branch operations reported to Johnson that number of the branch office employees had informed him that the three assistant auditors were engaging in union organizing activities in the branch offices while ostensibly instructing employees on the use of a new computer According to Newells informants the auditors spent only about 15 minutes explaining the new computer procedures and the remainder of the two-hour session talking about the advantages of having a union At the end of the meetings they had passed out union membership cards At the meeting with mgmt the assistants admitted that they favored a union and had been trying to get other employees to join Attorney Smith opinioned that the assistant auditors were a part of management and therefore that union activity by them was not protected under the NLRAThree employees at the banks main office were observed by a supervisor in a part of the bank other than where they worked handing out union membership cards to other employees during working hoursJohnson set up meetings with small groups of employees as a question and answer session The first written communication to the employees from management was sent soon thereafter Employees
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