Don’t Win the Battle to Lose the War: NLRB Orders Employer to Bargain After the Union Lost its Campaign
- Written by Michael Saqui and Rebecca Hause-Schultz
On August 26, 2016, the NLRB upheld an administrative law judge’s finding that because employer Novelis Corp. committed unfair labor practices during a union campaign, the company had to bargain with the United Steelworkers union even though the union lost the election.
Where a company engages in unfair labor practices during a union campaign, the misconduct may warrant the imposition of a Gissel remedial bargaining order. Pursuant to a Gissel order, a company may be forced to bargain with a union when it engages in unfair labor practices during an election even if the union loses.
Department of Labor Continues Attack on Oil Companies: Chevron Agrees to Pony Up $1.5 Million in Overtime and Penalties
- Written by Anthony Oceguera
The Department of Labor (“DOL”) announced Friday that the Chevron Corporation had agreed to pay $1.5 million in overtime back wages and penalties following a DOL investigation that found that Chevron had violated the Fair Labor Standards Act’s overtime provisions by not paying approximately 750 hourly field operators for time spent attending mandatory pre- and post-shift relief meetings, where duties were turned over to employees on the next shift. The DOL’s investigation also found that Chevron had violated recordkeeping requirements by not accurately recording the number of hours employees worked.
The DOL’s investigation of Chevron’s practices was part of an initiative that started in 2012 targeting the oil and gas industry. In 2014, the Shell Oil Co. and Motivate Enterprises LLC, which markets Shell gasoline, agreed to pay $4.5 million after a DOL investigation found similar violations. According to the DOL, it has completed more than 1,000 investigations nationally since 2012 resulting in more than $41.5 million in back wages.