After LDRM was informed by UE International Representative Zach Knipe that their actions “are in direct violation of the rights of union members to engage in protected concerted activity under the National Labor Relations Act.” Also informing LDRM that “If not, I will be obliged to escalate the issue to the NLRB.” LDRM decided to follow PAE’s suit of hiding behind DOS and releasing the same guidelines that PAE agreed were not enforceable because of the National Labor Relations Act. PAE backing down on their claim of violating DOS policy, and correcting the issues addressed by the membership in those campaigns were the only reasons that UE 228 withdrew our Unfair Labor Practice charges with the National Labor Relations Board (NLRB). How will LDRM respond?
Take a look at some of the protect activities we have at work, then think to yourself “How many times has LDRM or a member of the management staff violated one of these?”
Section 8(a)(1) of the Act (NLRA) makes it an unfair labor practice for an employer “to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7” of the Act. For example, you may not
- Threaten employees with adverse consequences if they engage in protected, concerted activity. (Activity is “concerted” if it is engaged in with or on the authority of other employees, not solely by and on behalf of the employee himself. It includes circumstances where a single employee seeks to initiate, induce, or prepare for group action, as well as where an employee brings a group complaint to the attention of management. Activity is “protected” if it concerns employees’ interests as employees. An employee engaged in otherwise protected, concerted activity may lose the Act’s protection through misconduct.)
- Coercively question employees about their own or coworkers’ union activities or sympathies. (Whether questioning is coercive and therefore unlawful depends on the relevant circumstances, including who asks the questions, where, and how; what information is sought; whether the questioned employee is an open and active union supporter; and whether the questioning occurs in a context of other unfair labor practices.)
- Prohibit employees from talking about the union during working time, if you permit them to talk about other non-work-related subjects.
- Spy on employees’ union activities.
- Create the impression that you are spying on employees’ union activities.
- Promulgate, maintain, or enforce work rules that reasonably tend to inhibit employees from exercising their rights under the Act.
- Discharge, constructively discharge, suspend, layoff, fail to recall from layoff, demote, discipline, or take any other adverse action against employees because of their protected, concerted activities.
PAE as a company learned from it’s mistakes for the most part, excepting when existing members of management went out of their way to cause issues. Unfortunately for LDRM they have the same management team that refuses to learn anything. They especially seem unwilling to learn that we are a union and they can no longer do as they please.