A mid-sized manufacturer (the “Company”) conducted educational sessions for its union officers. As part of the educational programs, the Company required the attendees to read literature criticizing the Confederation of Trade Unions and be examined on the contents therein.
At the district level, the court held that such acts constituted unfair labor practices. However, Lee & Ko reversed the district level decision at the High Court. Although the case was then appealed to the Supreme Court, Lee & Ko successfully defended its position and persuaded the Court to affirm the High Court’s decision. These favorable results were products of thorough analyses of the facts, and laws related to unfair labor practices and an employer’s right to exercise certain level of discretion over personnel matters.
This victory is significant in that the court recognized an employer’s right to freedom of expression and discretion over its educational materials. The case also clearly established that unfair labor practice cannot be recognized, absent proof of an employer’s intent to control or interfere with the union.