Union On Hook for Non-Member Worker’s Back Pay After Refusing to Represent Him

A discharged Cummins, Inc. plant worker who wasn’t a union member may be entitled to have the Machinists union pay his lost wages after the union refused to arbitrate his complaint contesting the firing. Machinists Talbot Lodge No. 61 represents all of the production and maintenance employees at a Tennessee Cummins plant, but a union…
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No Policy, No Problem: Union Employee Disciplined for Use of Phone Despite No Policy Prohibiting Same

Cargill has a “no cell phone” policy in its employee guide. The policy provides that all employees must be attentive and alert to their jobs, and are not allowed to read books, magazines, newspapers, or other materials while on the clock.  From 2014 to 2016, the grievant was cited multiple times for his cell phone…
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Employee Terminated for Profanity Reinstated because Profanity was Pervasive at Facility

A Coca-Cola bottler unlawfully fired a union steward who used profanity in front of company executives and dozens of employees. The ALJ said the National Labor Relations Act gives employees “some leeway for impulsive behavior,” and the decision illustrates that profanity in the workplace isn’t likely to take an employee outside the protection of federal…
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Company Loses Despite Winning Termination Arbitration

File this under “Unions can Make Life Difficult”. A company’s attendance policy tallies points for an absence that an employee accrues, regardless of the reason for the absence. Any employee who accumulates 10 points under the absenteeism system in a rolling 12 month period is terminated. An employee telephones his supervisor and informed him that…
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Ohio Union Denied Injunction Pending Arbitration Decision that Could Result in Elimination of Many Union Jobs

When the company and union began discussing a new contract, management announced that the Federal Energy Regulatory Commission had approved company plans to transfer two generation facilities to AES Ohio. Once the transaction was completed, the company said employees represented by Local 175 would lose their rights to transfer into open jobs at DP&L because…
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Another Day Another NLRB Decision Invalidating Arbitration Agreements

An NLRB Administrative Law Judge issued a decision against a Domino’s franchisee for violating the National Labor Relations Act. The franchisee required employees, as a condition of employment, to agree to pursue legal disputes with the restaurant owners in binding arbitration on an individual basis. Thus, the employees waived their rights to pursue class and…
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