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Because the Board was within its discretion in overruling Case Farms' objections, we deny the company's petition for review and enforce the Board's order. Case Farms operates a poultry processing plant in Morganton, North Carolina. 806, 807, 1995 WL 526369 (1995) (“In these cases [following Sewell ] the Board has consistently reiterated that ‘the rule in Sewell is applicable only in those circumstances where it is determined that the “appeals or arguments can have no purpose except to inflame the racial feelings of voters in the election.” ’ ” (quoting Bancroft Mfg. Silverman's Men's Wear, Inc., 656 F.2d 53, 55 (3d Cir.1981) (union representative called a company vice president a “stingy Jew” at an employee meeting); YKK (U. Both the Board and the courts have upheld more direct appeals to ethnic solidarity. at 497 (citing Sewell as the “seminal case for analysis”); id.

Customers confidently choose us first for their everyday health and wellness needs because we consistently understand and exceed their expectations.Access Dance helps thousands of people looking for ballroom dance lessons and activities each month!Use the form below and a professional member of Access Dance will contact you if they feel they can help you with your request.ARGUED: David Parks Hiller, Millisor & Nobil, Columbus, Ohio, for Petitioner. Seid, National Labor Relations Board, Washington, DC, for Respondent. “If ․ racial or sexual remarks ․ do not form the core or theme of the campaign ․ and if the remarks are not inflammatory, they should be reviewed [only] under the standards applied to other types of misrepresentation.” State Bank of India v. In this view, false but non-inflammatory statements are reviewed according to the usual test for misrepresentations.”); NLRB v. Co., Inc., 516 F.2d 436, 442 (5th Cir.1975) (holding that if propaganda is “racially inflammatory,” then “the test for truth and relevancy must be made as Sewell describes;” if the propaganda is not inflammatory, then “the statements should be reviewed under the familiar standards applied to any other type of alleged material misrepresentation”). It does not claim that the Amish were fired because Case Farms was prejudiced against the Amish; instead, it explicitly states that the Amish were fired because Case Farms “could pay Latinos less and treat them worse.” The flier then asks, “How are we going to prevent Case Farms from treating us like the Amish? The flier makes no claim that Case Farms is bigoted or prejudiced against the Amish, nor does it attempt to “inflame” the employees against another racial or ethnic group. 82, 84, 1984 WL 36144 (1984) (repeated references to management as “Japs” and statements such as “we beat the Japs after Pearl Harbor and we can beat them again”). Attempts to portray an employer as bigoted have also been found to be inflammatory in certain extreme cases. There is no allegation in the flier that the Amish were fired as part of some program of “ethnic cleansing.” As we noted above, the flier explicitly states that the Amish were fired because Latinos could be paid less and treated worse.Laurence Edward Gold, Washington, DC, for Intervenor. Feinstein, General Counsel, Linda Sher, Associate General Counsel, Aileen A. petitions for review of a National Labor Relations Board order certifying the results of a union representation election held July 12, 1995, at the Case Farms poultry processing plant in Morganton, North Carolina. 1007, 1008, 1974 WL 5061 (1974) (quoting Sewell, 138 N. NLRB, 808 F.2d 526, 541 (7th Cir.1986) (alterations in original) (quoting Peerless of Am., Inc. Thus, the truth or falsity of the Amish flier may be put aside because, as the Board found, “the materials distributed by the [Union] did not constitute an inflammatory appeal to race or ethnicity.” J. ” It answers, “If We Want Case Farms to Treat Us with Dignity and Respect Then We Must Unite for Change-Vote Union YES.” J. The statements in the Amish flier are quite different from the appeals held to be inflammatory in other cases. NLRB, 818 F.2d 1567, 1569 (11th Cir.1987) (employee referred to owners as “damn Jews” and said “[u]s Blacks were out in the cotton field while they, the damned Jews, took their money from the poor hardworking people”); NLRB v. Moreover, Case Farms cannot explain why the firing of Amish workers and their replacement with Latinos would incite fear of “ethnic cleansing” amongst a group of Latinos.

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