Tuesday, July 13, 2010

Federal Judge Grants NLRB's Injunction Request for Reinstatement of 27 Fired Employees

A Federal district court judge in New York has granted an injunction request from the NLRB requesting that 27 employees be reinstated after they were terminated by a New York moving company shortly after a union filed a petition for an election at their workplace. From the NLRB press release on the order:
In issuing the injunction Tuesday against Flat Rate Movers, Ltd, U.S. District Court Judge Denise Cote said that “there is reasonable cause to believe that (the employer) has engaged in serious and pervasive unfair labor practices” and that without immediate interim relief, “enforcement of important provisions of the Act and of the public policy underlying it will be thwarted.”

The injunction, sought by Celeste Mattina, director of the NLRB’s Region 2, was granted under Section 10(j) of the National Labor Relations Act and will remain in effect pending final disposition of the case by the NLRB. The order also prohibits the employer from interrogating employees or threatening them with discharge because they engage in union activities. Employees have 30 days to decide whether or not to accept the offers.

The case dates back to the summer of 2009, when the employer allegedly threatened and interrogated employees regarding their support for Local 116 of the United Food and Commercial Workers union. Soon after the union filed a petition for election, the employer laid off about 20% of its permanent workforce. An election was held, but the result was not determined because of the large number of challenged ballots and objections by the union related to the layoffs.

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