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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Today’s Reminder that Documenting Poor Behavior is Critically Important

A Burger King franchise was sold. The new owner hired most of the old company’s employees. One employee not hired was a union organizer who was involved in the Fight for $15 campaign. It is illegal to not hire a known union organizer because of that employee’s union organizing activity. At trial, the employer’s manager,…
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NLRB Reaffirms Obligation to Bargain Over Pre-Contract Discipline But Also Establishes a Burden-Shifting Defense

The Board found that the discharges in Total Security met the standard established in Alan Ritchery for pre-imposition bargaining and that no such bargaining took place. The board declined, however, to order retroactive enforcement of its decision, holding that such enforcement would constitute manifest injustice. Total Security also set forth, for the first time, the…
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NLRB Says Loud, Profane, Obnoxious, Stalking Employee Discipline was Unlawful

Cheryl Walton, an employee of the United States Postal Service was, for lack of a better term, a troublemaker. She was loud, aggressive, confrontational, and had a reputation for regularly using profanity. During a meeting with her supervisor she became agitated and cut the meeting short. Upset, Walton shook her finger and yelled, “I can say…
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Company’s Discipline toward Pro-Union Employees Unlawful

A provider of paratransit services began to question whether its drivers were submitting all of their daily fares. The company conducted an audit, which revealed that some drivers had not remitted all of their fares to the company. The company required those drivers to repay the amounts it had identified as discrepancies. Two drivers refused…
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National Labor Relations Board Affirms Discharge for Employee Who Lied During Investigation

A decertification vote for the International Brotherhood of Teamsters Local 445 was on the horizon when three union newsletters appeared in the employee break room. All of the letters included anonymous handwritten comments such as “Dear P—ies, Please Read,” “Hey cat food lovers, how is your income doing?,” and “Warehouse workers, RIP.” Several female employees…
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