FROM: U.S. NATIONAL LABOR RELATIONS BOARD
DC Circuit enforces Board orders Daycon Products must reinstate former strikers
The United States Court of Appeals for the D.C. Circuit on Tuesday enforced the National Labor Relations Board’s order finding that a Maryland janitorial supply company prematurely declared impasse in negotiations with its employees’ union and unlawfully failed to reinstate workers after they went on strike to protest that declaration.
In its unpublished opinion, the Court summarily enforced the Board’s September 2011 order requiring Daycon Products Company, Inc., to reinstate all striking employees and make them whole for any losses incurred because of the refusal to reinstate them earlier. The Court also affirmed that the company illegally subcontracted out work without negotiating with the union, and ordered Daycon to rescind any unilateral changes and resume bargaining.
Daycon employees have been represented by the Drivers, Chauffeurs and Helpers Local Union 639, affiliated with the International Brotherhood of Teamsters, since 1973. In April 2010, after about 10 negotiating sessions for a new contract, the company declared it had reached impasse and implemented its last bargaining order. Days later, union employees walked out on strike because of the unfair labor practice. They offered to return unconditionally in early July of that year.
If a strike is called in response to an employer’s unfair labor practices, the employer must reinstate striking workers when they offer unconditionally to return to work, even if it means displacing workers who were hired in the meantime. However, Daycon refused.
In enforcing the Board’s order, the Court agreed that "the Board’s findings are supported by substantial evidence in the record." It also rejected Daycon’s procedural challenges, including a claim that the Board denied it a fair hearing by issuing a press release summarizing the case following a decision by an administrative law judge.
Showing posts with label UNFAIR LABOR PRACTICES. Show all posts
Showing posts with label UNFAIR LABOR PRACTICES. Show all posts
Monday, November 12, 2012
Wednesday, July 25, 2012
BAKED-GOODS CO. TO PAY BACK WAGES FOR DISCHARGING WORKERS FOR TRYING TO ORGANIZE A UNION
FROM: NATIONAL LABOR RELATIONS BOARD
Baked-goods manufacturer Sterling Foods, LLC, has agreed to pay more than $58,000 in back pay and interest to six employees who were discharged in the fall of 2011 following a union organizing campaign. Three of the employees have also accepted offers of reinstatement to their previous jobs.
The United Food and Commercial Workers Local Union No. 455 filed charges alleging the employer engaged in multiple unfair labor practices during and after the union’s attempt to organize about 500 employees at the San Antonio, Texas facility. An election petition was not filed.
Following an investigation by regional staff, NLRB Regional Director Martha Kinard issued a complaint alleging that, in response to the union’s campaign, Sterling Foods unlawfully discharged six employees, threatened to terminate other employees, solicited an employee to report on union activities, offered an employee a financial benefit if he reported the union activities of employees, engaged in surveillance of employee union activities, called the police on employees and union organizers engaged in union activity, prohibited employees from accepting union literature and directed employees to throw away union literature. A hearing on the complaint had been scheduled to start on August 6, 2012 in San Antonio.
The Regional Director had also filed a petition with the U. S. District Court for the Western District of Texas, San Antonio Division, seeking a temporary injunction against Sterling Foods’ unfair labor practices and an interim order of reinstatement of the six discharged employees. A hearing on that petition had been scheduled for July 19, 2012.
The settlement, signed on July 13, 2012, eliminates the need for both hearings. Sterling Foods also agreed not to engage in such unfair labor practices in the future, to post a notice to that effect at its San Antonio facility, and to mail a copy of the notice to all employees.
Baked-goods manufacturer Sterling Foods, LLC, has agreed to pay more than $58,000 in back pay and interest to six employees who were discharged in the fall of 2011 following a union organizing campaign. Three of the employees have also accepted offers of reinstatement to their previous jobs.
The United Food and Commercial Workers Local Union No. 455 filed charges alleging the employer engaged in multiple unfair labor practices during and after the union’s attempt to organize about 500 employees at the San Antonio, Texas facility. An election petition was not filed.
Following an investigation by regional staff, NLRB Regional Director Martha Kinard issued a complaint alleging that, in response to the union’s campaign, Sterling Foods unlawfully discharged six employees, threatened to terminate other employees, solicited an employee to report on union activities, offered an employee a financial benefit if he reported the union activities of employees, engaged in surveillance of employee union activities, called the police on employees and union organizers engaged in union activity, prohibited employees from accepting union literature and directed employees to throw away union literature. A hearing on the complaint had been scheduled to start on August 6, 2012 in San Antonio.
The Regional Director had also filed a petition with the U. S. District Court for the Western District of Texas, San Antonio Division, seeking a temporary injunction against Sterling Foods’ unfair labor practices and an interim order of reinstatement of the six discharged employees. A hearing on that petition had been scheduled for July 19, 2012.
The settlement, signed on July 13, 2012, eliminates the need for both hearings. Sterling Foods also agreed not to engage in such unfair labor practices in the future, to post a notice to that effect at its San Antonio facility, and to mail a copy of the notice to all employees.
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