A divided U.S. appeals court on Monday said the National Labor Relations Board erred in finding that Mercedes-Benz’s U.S. subsidiary broke the law by prohibiting workers from distributing pro-union flyers in rooms they used both during work and down time.
The 11th U.S. Circuit Court of Appeals in a 2-1 decision said walled-off areas at a Mercedes-Benz U.S. International Inc plant in Vance, Alabama known as team centers were primarily used for work purposes and the NLRB in 2014 went too far in saying they qualified as “mixed-use” areas where workers could pass out union literature because some employees took their breaks there.
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