In Trump Marina Associates v. NLRB (October 14, 2011), the D.C. Circuit upheld the Board's decision that the employer committed unfair labor practices in a hotly contested election that the Union lost by a narrow margin. Among the actions that the Board held to constitute a ULP was a supervisory comment that the employer would not negotiate with the union and supervisory 'speculation' about layoffs or other matters as the result of unionization that were not based on objective fact.
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