Unfair Labor Practices- Not Just For Unionization

Thursday, 26 March 2009 11:17

Labor Relations

1. Firing delivery workers for taking steps toward filing a wage and hour lawsuit; and
2. Videotaping the discharged employees as they picketed in front of the employer’s restaurants. Saigon Gourmet Rest. Inc., 353 NLRB No. 110 (Mar. 9, 2009).

Simon and Michelle Nget had a couple of Vietnamese restaurants in New York that delivered their food. On March 2, 2007, two employees approached Nget demanding an increase in their wages or they would sue. Nget offered a $5 per shift increase if the employees would not sue. The employees refused. By March 5, 2007, the employer discontinued delivery service and let go of all the delivery employees. The employees started picketing outside the restaurants and the employer taped the employees’ picketing. The 318 Restaurant Workers Union filed an Unfair Labor Practice charge (“ULP”) against the employer on behalf of the workers and the NLRB General Counsel issued a complaint. However, the employees weren’t in the Union and the employees weren’t organizing. So how did the employer commit a ULP?

COUNSEL TO MANAGEMENT

The NLRA protects employees’ rights to engage in protected concerted activities with or without a union.

The NLRA protects:

1. 1 employee speaking to his/her employer on behalf of him/herself and one or more co-workers about improving workplace conditions;
2. 2 or more employees addressing their employer about improving their working conditions and pay; or
3. 2 or more employees discussing pay or other work-related issues with each other.

Management should know protected concerted activity comes in lots of shapes and sizes and can include discussions over wages and benefits. It’s not just about unions.

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with The Saqui Law Group at (831) 443-7100.