Crown Cork & Seal

1. Crown Cork & Seal • In order for a violation of 8(a)(2) to be found, there must be domination or interference with a “labor organization” • In the absence of a “labor organization” can be no violation of 8(a)(2) • Per Section 2(5), for an entity to be labor organization it must “deal with” the employer • “dealing with” entails a bilateral interaction” between entity and employer

2. Socio-Tech System • Board found no “dealing” • absence of a “bilateral relationship” • Socio-tech committees and bodies essentially had full delegation from the employer, albeit within their jurisdiction and subject to employer policies • Production Teams • Production, quality, safety, attendance, training, maintenance, not lost time discipline • High Level Committees • Membership from teams and management • Make recs to upper mgmt but often implemented before rec • Committees exercised “supervisory” authority • Interactions with upper level management are between two management bodies • Typical management structure in which higher levels of mgt. approve recommendations or actions of lower levels of mgt.