Cleveland, as the chief union steward, was authorized under the bargaining contract to write up employee grievances. He was engaged in protected activity when he went to assist employee McPherson in department 94cc. See Keokuk Gas Service So. v. NLRB, 580 F.2d 328, 333 (8th Cir. 1978); Inter-Polymer Industries, Inc. v. NLRB, 480 F.2d 631, 633 (9th Cir. 1973). Supervisor Simi's order that Cleveland write the grievance outside on a dirty table where a truck was unloading was a restraint on that activity.
Consultation with a union representative which has the object of resolving an employment dispute is clearly something more than mere griping. The employee's right to consult with his or her union regarding working conditions and to pursue established grievance procedures is one which is protected against employer interference by Sections 8(a)(1) and 8(a)(3) of the N.L.R.A. See N.L.R.B. v. Lantz, 607 F.2d 290, 298 (9th Cir. 1979); N.L.R.B. v. R. W. Little, Inc., 493 F.2d 1245 (9th Cir. 1974); Inter-Polymer Industries, Inc. v. N.L.R.B., 480 F.2d 631, 633 (9th Cir. 1973); N.L.R.B. v. Victor Otlans Roofing Co., 445 F.2d 299, 300 (9th Cir. 1971); N.L.R.B. v. Tom Johnson, Inc., 378 F.2d 342 (9th Cir. 1967); Shattuck Denn Mining Corp. v. N.L.R.B., 362 F.2d 466, 470 (9th Cir. 1966). An employee need not know with certainty that a suspected grievance is founded upon a provision of the collective bargaining agreement.
Thus, an employer may not refuse to bargain during that 12-month period even though the employer is confident that the union has lost majority support. NLRB v. Burns Int'l Security Serv., 406 U.S. 272, 279 n.3, 92 S.Ct. 1571, 32 L.Ed.2d 61 (1972); Brooks v. NLRB, 348 U.S. 96, 75 S.Ct. 176, 99 L.Ed. 125 (1954); Inter-Polymer Indus., Inc. v. NLRB, 480 F.2d 631, 633 (9th Cir. 1973); NLRB v. Holly-General Co., 305 F.2d 670, 674 (9th Cir. 1962). The presumption is said to be "almost" conclusive because, as the Supreme Court stated in Brooks v. NLRB, supra, 348 U.S. at 98, 75 S.Ct. 176, certain "unusual circumstances" may justify an employer's refusal to bargain even during the certification year.