Another Textbook Example of Violating Labor Law when Faced with Union Organizing

A Brooklyn painting company just learned that the hard way.

In M.J. Melo Painting (374 NLRB No. 131, decided June 10), the NLRB hit a residential and commercial painter with the full menu of 8(a)(1) and 8(a)(3) violations after IBEW Local 1430 started organizing its painters.

The playbook, per the Board: interrogate employees, tell them “we have a list,” threaten to close the company, promise more work for a “no” vote — then quietly cut hours and stop handing out assignments.

The company never formally fired anyone. Didn’t matter. Cutting off work equals a discharge. Slashing hours until people can’t make rent equals a constructive discharge. Five discharged, four constructively discharged.

What sank the defense? The company cried “not enough work” — while hiring new painters at the same time. Pretext, plain as day.

Now it owes nine workers reinstatement, backpay, and Thryv consequential damages — plus bilingual notices to every employee.

The lesson: the real damage was done by a supervisor’s mouth before a single hour got cut. Train your front-line supervisors before the campaign, not after.

How would your supervisors hold up? Every company usually has at least one supervisor who has not been trained, and one who refuses to follow the training.