National Labor Relations Board ALJ Finds Minnesota Employer Guilty of Illegally Firing 20 Workers
The facts in this case are quite unique. Twenty non-union employees of Hmong or Spanish descent were terminated when they refused to sign away their rights under the NLRA by signing up for Supply Technologies LLC's new Total Management System. The Total Management System (TSM) created an internal process for comprehensive grievance resolution. The TSM would require employees to use a 3-step procedure as its sole means for resolving any and all claims against the Company except workers compensation, unemployment, and criminal claims.
Prior to the twenty employees beginning terminated the National Labor Relations Board (NLRB) had conducted an election to see if the employees of Supply Technologies LLC wanted to join the International Brotherhood of Teamsters. The employees vote was a split decision and therefore the Union did not prevail. Supply Technologies LLC, Total Management System was introduced to employees only three days after the Union was voted down. The employees who refused to sign were immediately told to leave the facility and not return.
The unique twist in this case is that the International Brotherhood of Teamsters, even though it did not represent the twenty terminated employees, filed charges with the NLRB, concerning the new grievance procedure and the termination of employees, alleging the actions constituted an unfair labor practice.
Administrative Law Judge Alemán agreed with the Union and ordered Supply Technologies, Inc. to discontinue its new grievance procedure in all its locations and reinstate the twenty discharged employees with full back pay.
Consider this a word of caution; if your employees are considering unionizing everything needs to stay status quo. Even if the Union doesn’t prevail in the election, don’t take that as an opportunity to immediately change policies and terminate employees.
