Rohr Industries, Inc. (1975)

In Rohr Industries, Inc. (1975) 220 NLRB 1029, an employee initiated grievance proceedings, as was his right under a collective bargaining agreement, regarding alleged violation of seniority rules set forth in the union agreement. The employee's supervisor, as requested by a union business representative, supplied a statement favorable to the employee which was submitted at the arbitration. Management had no knowledge of the fact the supervisor had provided a statement before it was presented at the arbitration, and the subject of the employee's grievance hearing was not discussed by the supervisor and management prior to the arbitration. The supervisor was laid off shortly after the arbitration. Despite the absence of any conduct by the employer intended to discourage the supervisor from participating in the proceedings prior to the arbitration, the NLRB affirmed the order of the administrative law judge finding that the layoff of the supervisor violated sections 7 and 8 of the NLRA. In his decision, the judge noted that various departmental workers were aware of the supervisor's layoff and considered his termination chargeable directly to the fact he gave a statement supportive of the employee's grievance. (Rohr Industries, Inc., supra, 220 NLRB at p. 1038.)