In June 1991, the International Brotherhood of Electrical Workers, Local Union 1510 filed an unfair labor practice charge against Hi-Tech, alleging that the company violated several provisions of the NLRA by unilaterally adopting and enforcing a rule that prohibits the use of tobacco products at its Starkville, Mississippi plant. The NLRB issued an order in favor of the union finding that the company had violated the NLRA. The company began to comply with the NLRB’s order and met on three occasions with representatives of the union to bargain over the no-tobacco use policy. After the third meeting, which did not result in an agreement, the company declared an impasse and began again to implement its no-tobacco use policy. In August 1995, the NLRB issued a finding that Hi-Tech had violated the NLRA by failing to bargain in good faith with the union and seeks enforcement of an order that the company refrain from enforcing its no-tobacco use policy. The U.S. Court of Appeals for the Fifth Circuit held that the NLRB’s “conclusion is not supported by substantial evidence” and it therefore declined to enforce the board’s order.
128 F. 3d 271, 1997 U.S. App. LEXIS 32079 (U.S.C.A. 5th Cir. 1997).