Stark Reminder that Non-Union Employees are Usually Allowed to Strike

On December 20, a supervisor told three non-union employees at Hyundai Motor Manufacturing that on December 22 instead of working their normal 6 AM to 2 PM shift they would work a 6:30 AM to 3 PM shift. When the schedule change was not posted, and those employees were told to stay until 3 PM, they walked off the job at 2 PM in protest.

The employees returned to work the next day and were interviewed by management. They were interviewed separately but asked identical questions including whether they talked with each other before leaving. The employees continued to work until January 11 when they were given identical termination letters that said they voluntarily resigned when they walked off the job on December 22.

The employees filed an unfair labor practice charge over their termination. The Administrative Law Judge ruled that the manner of the interviews and questions asked during the interviews were unlawfully coercive. Huh? You can’t interview employees separately anymore? Further, the ALJ ruled that the walk-off was protected concerted activity because they were protesting a term or condition of employment, i.e. a changed schedule.

This case is a lesson for all my clients and audience members at seminars who don’t believe me that non-union workers are generally allowed to walk off the job or go on strike. Hyundai’s penalty for unlawfully claiming the employees voluntarily quit their job when they walked off is to rehire them with back pay, which means paying the employees their salary, benefits, and any ancillary items for the past 16 months.

Matt Austin owns Austin Legal, LLC, a boutique law firm based in Ohio that limits its representation to employers dealing with labor, employment, and OSHA matters. You can call Matt at (614) 285-5342 or email him at Matt@MattAustinLaborLaw.com.

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