Local 702, International Brotherhood of Electrical Workers v. National Labor Relations Board, No. 18-3322 (7th Cir. 2019)Annotate this Case
Hudson, a 39-year employee of Consolidated Communications, was discharged due to strike-related misconduct. Hudson had blocked a company vehicle while moving in traffic during the strike. Following an appeal to the D.C. Circuit Court, the National Labor Relations Board issued a supplemental decision concluding that Consolidated did not violate the National Labor Relations Act, 29 U.S.C. 158(a)(3). The Board found that Hudson’s actions were calculated to intimidate the non-striking employees and were inherently dangerous. The Seventh Circuit affirmed, rejecting the union’s argument that Hudson’s conduct was not intended to intimidate or endanger the Consolidated employees and that she only intended to follow them to set up an ambulatory picket. That suggestion is belied by the fact that she was following them from the front and purposely impeded their progress. These acts illustrate a thorough plan to do more than follow the work vehicle and are not “animal exuberance” which the Board can and does excuse.