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The General Counsel concedes that this rule, miami dolphins dan marino 13 full over printed shirt which was in effect prior to the union organizing campaign, is valid on its face. He argues, instead, that the Respondent discriminatorily enforced the rule

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did no more than talk about the Union while they were working and that this conduct did not amount to “solicit or promot support for any cause or organization” miami dolphins dan marino 13 full over printed shirt in breach of the Respondent’s no-solicitation rule. The judge also stressed that there was no showing that these conversations interfered with the work of Smith, Andrade, Salas, S. Abundiz or any employee. Relying on Jennie-O Foods, 301 NLRB 305 , the judge further concluded that, in effect, the Respondent “was imposing a no union talk rule” against these employees, which is a violation of Section 8. On September 4, Smith’s duties included delivering an electric motor to coworker Clayton Johnson at the Union Gap plant. While delivering the motor to the plant, Smith, an active union organizer, initiated a conversation,

which included references to the Union, with employee Gabriel Villarreal while she waited for Johnson. After he arrived, Johnson removed the motor from Smith’s car and, accompanied by Smith, brought it inside the plant. Johnson testified that as they walked to the plant, Smith asked him how he felt about the Union and told him that a union would mean better wages and benefits. Although Johnson indicated he did not support the Union, Smith continued to press him about it. Smith later continued her conversation about the Union with Villarreal during an approximately 15-minute trip to the local hardware store to do an errand for Johnson. Smith does not deny that her conversations with Johnson and Villarreal occurred during working time and were intended to solicit and promote support for the Union. Johnson reported Smith’s conversations to the Respondent.