Finally, the fact that there was no actual interference with work does not render unlawful the rule or its application. dallas cowboys mickey mouse crocs The Board has found that rules restricting solicitation
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right to engage in concerted activity.” Flambeau Plastics Corp., 167 NLRB 735, 743 , enfd. 401 F.2d 128, 136 (7th Cir. 1968), cert. denied 393 U.S. 1019 dallas cowboys mickey mouse crocs . Thus, we conclude, in agreement with the judge, that the Respondent had a reasonable basis to expect misconduct based upon the circumstances discussed above. Accordingly, we conclude that the Respondent’s videotaping of the union rally did not violate the Act.16 We shall dismiss this allegation. On the morning of August 12, Plath met with Warehouse Manager Tommy Hanses and Human Resources Manager Lupe Martinez. Plath told them about the Union’s planned rally and expressed to them his concerns about the safety of employees and their cars; the safety of the Respondent’s packing equipment; and possible incidents of violence and trespassing.
13 Plath asked Martinez to have a video camera ready to videotape the rally so as to preserve on tape evidence of any damage done to vehicles and packing equipment on the Respondent’s premises. Randell Warehouse was decided by the Board after oral argument with a second case that was settled prior to decision. That second case dealt with the issue of employer videotaping. The Board’s Randell decision includes the views of the minority and concurring Members on the majority holding that it would make a distinction between union and employer videotaping. As the judge recognized, an employer violates the Act when it prohibits talking about the union during work-time while permitting discussions about any other subject. Jennie-O Foods, 301 NLRB 305, 316 . The majority erroneously dismisses the complaint allegations that the Respondent violated the Act by disciplining four employees for talking about the Union….
