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N.L.R.B. v. CURWOOD INC.

No. 03-3972.

397 F.3d 548 (2005)

NATIONAL LABOR RELATIONS BOARD, Petitioner, and Graphic Communications Union, Fox Valley Local, 77-P, AFL-CIO, CLC, Intervening Petitioner, v. CURWOOD INCORPORATED, a Division of Bemis Company, Incorporated, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided February 9, 2005.

Attorney(s) appearing for the Case

Irving E. Gottschalk, National Labor Relations Board, Milwaukee, WI, Aileen Armstrong, Daniel A. Blitz (Argued), National Labor Relations Board, Office of the General Counsel, Washington, DC, for Petitioner.

Kevin J. Kinney (Argued), Krukowski & Costello, Milwaukee, WI, for Respondent.

Thomas D. Allison (Argued), Allison, Slutsky & Kennedy, Chicago, IL, for Intervenor-Petitioner.

Before EASTERBROOK, WOOD, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

An employer who learns its employees are contemplating unionization need not remain silent. It must proceed with caution, however, lest it violate the National Labor Relations Act ("NLRA"). In this case, Curwood, Inc. attempted to counter a union campaign in part by promising improvements in pension benefits to employees in the voting unit. It also announced benefits to a small group of employees that were excluded from the unit. The National...

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