NLRB Overturns Election Due to Forged Letter
During a union organizing campaign in El Paso, Texas, the union seeking to represent employees of our client Albertson’s, Inc. circulated a forged letter purportedly between two company executives suggesting that it would convert its non-union stores, in El Paso and elsewhere, to low-price "Super Saver" stores. The union won the election by two votes in one of those stores. Although the hearing officer overruled the employer’s objections to the election, the National Labor Relations Board reversed. It maintained that a reasonable employee would not have recognized the letter as a forgery, and that the letter therefore impermissibly interfered with the election. A new election was ordered. Remarkably, then-NLRB Member Wilma Leibman, who usually voted in favor of the union, joined the unanimous decision of the three-member panel of the NLRB.
Albertson's, Inc., 344 NLRB 1357 (2005).