Law, Business, and Society 9th Edition by Tony McAdams

Exercise 29

Seawin, an Ohio fittings manufacturer, was forced to lay off 17 employees. The company's net income had declined by 88 percent, it had lost some major customers, and it had excess inventory. At the time of the layoffs, a company vice president said that he "hoped that business... would turn around soon." Asked when they would be called back, employees remembered the vice president saying "probably" around two weeks to a month. Others, however, indicated that the layoffs were intended to be permanent, and the company made significant equipment and computer improvements to enhance efficiency. Soon thereafter the NLRB held a representation election at Seawin that resulted in a 31-21 vote in favor of a union. Eleven of the laid-off workers had been allowed to vote in the election. Seawin challenged the election results saying the laid-off employees should not have been allowed to vote. Was Seawin correct Explain. See NLRB v. Seawin, Inc., 248 F.3d 551 (6th Cir. 2001).