El Paso Worker Reinstated to Job

Posted on September 2, 2010 by Tom Crane

 A worker in El Paso was vindicated after he was fired for talking to his co-workers about work conditions.  The employer's action in firing the worker violates the National Labor Relations Act.  Taking action against a worker for discussing "terms and conditions" of employment with co-workers violates the NLRA.  Eric Murillo worked for Chaffhaye, Inc. and arranged a meeting with other employees to discuss unsafe working conditions.  His employer fired him.

After filing a complaint with the National Labor Relations Board and seeking representation from the Paso del Norte Civil Rights Project, he was reinstated with lost wages.  OSHA also eventually got involved and also found violations.  See report.  Chaffhaye produces livestock and forage feed. 

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Brewery Workers on Strike

Posted on April 19, 2010 by Tom Crane

 The workers at the Carlsberg brewery in Copenhagen have gone on strike.  Apparently, management reduced the number of free beers the workers can have every day.  That's right.  The workers receive free beer during the work day.  See report.  How is that for a benefit of employment? 

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Union Organizer Reinstated in San Antonio

Posted on April 13, 2010 by Tom Crane

 The National Labor Relations Act protects the rights of workers who organize unions.  One thing the employer cannot do during an organization attempt is ask questions of the employees about the organizing activity and threaten the workers with fewer hours and less pay if they do form a union.  That appears to be what the Grand Hyatt corporation did when a worker tried to organize a union.  See San Antonio Express News story.  Now, they have to reinstate the employee and pay lost wages.  This came as a result of a National Labor Relation Board's complaint.  The NLRB does not accept many complaints.  When they do, the employer needs to be ready.  

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Antiunion Tactics Common, Says Study

Posted on August 26, 2009 by Tom Crane

 A recent study of 1004 attempts to unionize a workplace finds that employers threatened to close the plant in 57% of those attempts and threatened to cut wages and benefits in 47% of the campaigns.  In 63% of these campaigns, supervisors met with employees in one-on-one meetings to ask workers whether they supported the union.  Of course, interrogating workers about union preferences violates the National Labor Relations Act.  The study was conducted by a Cornell University professor. 

Unions are not a major force in Texas, but even today, union traditions, such as morning coffee breaks, influence many workers in Texas.  Without some union presence somewhere in the workforce, many workers in Texas will suffer. 

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Protected Discussions at Work

Posted on April 24, 2009 by Tom Crane

 A little known provision in the National Labor Relations Act  provides protection to employees when they discuss "terms and conditions" of employment.  The discussion must be between two or more employees.  The purpose of this provision (remember, the NLRA was passed in 1935) was to protect employees who may be forming a union.  But, for workers today, it means you can discuss issues in the workplace if they truly relate to problems at work.  It does not matter that the discussions may not lead to the creation of a union.  So, for example, several years ago, there was a case where female employees discussed possible sex harassment at work.  The court found that was protected conduct.  They should not have been disciplined for those discussions. 

So, what does "terms and conditions" mean?  What topics will be protected discussion?  In general, the topic needs to apply to more than one employee.  But, if you are not sure, contact the National Labor Relations Board.  The NLRB enforces the NLRA.  The NLRB is very helpful.  

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