When W&M Properties took over
At some point during the interviews, a hiring manager let it be known that the company did not want a unionized work force. He asked all candidates about their union membership. Eventually, only two incumbent engineers received job offers, although one turned it down.
Now fully staffed, W&M refused to bargain with the union. It reasoned that since there was only one union member, and no one else had expressed interest in joining a union, it didn’t have to.
The IUOE and the former employees complained to the National Labor Relations Board (NLRB), which ruled that W&M indeed had broken the law by attempting to manipulate the hiring process to curb the union’s influence. It ordered the company to reinstate the union, rehire all former engineers and restore all back pay and benefits. An appeals court upheld the NLRB decision. (W&M Properties v. NLRB, No. 06-1365, DC Circuit Court of Appeals, 2008)
Advice: If your organization is considering acquiring a business with a unionized work force, warn managers to take care when deciding which employees to keep. Poorly chosen words about not wanting a union can backfire.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Don't think federal laws always trump state claims
- After ARRA, how to handle gross misconduct and COBRA coverage
- Hiring the hearing impaired: Home Depot sets model program
- Don't try to muzzle employee gossip