The Cost of “I Just Set Them Free”

A new Board decision out of Illinois is the closest thing to a “How-Not-To” manual employers will see all year.

Per the NLRB (Atlantic American Fire Protection Co., 374 NLRB No. 114), Sprinkler Fitters Local 281 won an election 10-1 at a small Elgin sprinkler shop in December 2022. Within two weeks, the owner had cancelled the Thanksgiving turkeys, killed the Christmas hams, scrapped the annual 40-hour Christmas bonus, terminated 10 of the unit employees five days before Christmas, refused to bargain, no-showed the first scheduled bargaining session, withdrew recognition, and ignored two information requests.

He represented himself at the hearing. Big mistake. His own testimony sealed every violation. He called the workforce a “cancer” and a “rebellion.” Said it was his job “to quell that insurrection and put that rebellion down.” And the line that ended the case: “They voted to go union, so I just set them free.”

The Board did not just find violations. It threw the book at the employer.

Reinstatement and full backpay for all 10 employees, including direct and foreseeable pecuniary harms under Thryv. A broad Hickmott Foods cease-and-desist. A 120-day posting. The Notice and an Explanation of Rights mailed to every current and former employee since November 2022. The notice read aloud to assembled employees by a high-ranking official. A 12-month Mar-Jac extension of the certification year. And mandatory bargaining — 24 hours per month minimum, 6-hour sessions, written progress reports every 15 days.

Two lessons for employers.

First, anger isn’t a defense. Everything you say after a union wins is evidence.

Second, retain counsel before you say a single thing about the result. Going pro se in an unfair labor practice hearing is malpractice on yourself.