Region 28 Wins Injunction Against Arizona Cannabis Dispensary, Ordering Reinstatement of Fired Union Supporter and a Stop to Threats, Promises, and the Impression of Surveillance

You are subscribed to Press Releases for National Labor Relations Board. This information has recently been updated, and is now available. Region 28 Wins Injunction Against Arizona Cannabis Dispensary, Ordering Reinstatement of Fired Union Supporter and a Stop to Threats, Promises, and the Impression of Surveillance 07/01/2022 10:02 AM EDT July 01, 2022 Phoenix, Arizona — On June 23, 2022, Judge G. Murray Snow of the United States District Court for the District of Arizona issued an injunction requiring Gilbert, Arizona cannabis dispensary Absolute Healthcare d/b/a Curaleaf Arizona (Curaleaf) to reinstate a fired union supporter. The injunction also enjoins Curaleaf from threatening employees with losing their tips if they form a union, promising employees benefits if they don’t join a union, and creating an impression that employees’ union activities are being kept under surveillance. It requires Curaleaf to post the court’s order at its store and convene a meeting in which the order will be read to its employees by a Curaleaf manager or NLRB official. The injunction was issued based on a petition for temporary injunctive relief filed by Cornele A. Overstreet, Regional Director of Region 28 of the National Labor Relations Board (NLRB), on behalf of the NLRB. Section 10(j) of the National Labor Relations Act authorizes the NLRB to seek injunctions against employers and unions in federal district courts to stop unfair labor practices where, due to the passage of time, the normal Board processes are likely to be inadequate to effectively remedy the alleged violations. The petition alleged that Curaleaf unlawfully fired the employee leader of a campaign among its employees to secure union representation by United Food and Commercial Workers, Local 99 (UFCW, Local 99) and that Curaleaf made statements that coerced its employees in exercising their right to organize a union. The petition alleged that injunctive relief was necessary to prevent irreparable harm to Curaleaf’s employees’ right to organize a union. The granted relief will remain in effect during the pendency of administrative proceedings before the NLRB. In those proceedings, an administrative law judge has issued a decision finding that Curaleaf engaged in the unfair labor practices alleged. Curaleaf has filed exceptions to the administrative law judge’s decision, which remain pending before the NLRB. “Workers have a right to form a union without fear of retaliation or coercion,” said Regional Director Overstreet. “Judge Snow’s injunction will protect that right while the NLRB considers whether to uphold the administrative law judge’s decision.” Field Attorney Judith E. Dávila of NLRB’s Region 28 represented Regional Director Overstreet in the Section 10(j) proceedings before Judge Snow. For more information, contact us at: http://www.beverlyhillsemploymentlaw.com/

First Three Quarters' Union Election Petitions Up 56%, Exceeding All FY21 Petitions Filed

First Three Quarters' Union Election Petitions Up 56%, Exceeding All FY21 Petitions Filed 07/13/2022 10:09 AM EDT July 13, 2022 During the first nine months of Fiscal Year 2022 (October 1–June 30), union representation petitions filed at the NLRB have increased 56%—up to 1,935 from 1,240 during the first three quarters of FY2021. By May 25, FY2022 petitions exceeded the total number of petitions filed in all of FY2021. At the same time, unfair labor practice charges have increased 14.5%—from 11,451 to 13,106. A representation petition is filed by employees, unions, or employers with an NLRB Field Office to have the NLRB conduct an election to determine if employees wish to be represented by a union. The Field Office investigates the petitions and, if meritorious, conducts an election to allow employees to decide whether or not they wish to be represented by a union. An unfair labor practice charge is filed by any member of the public with an NLRB Field Office if they believe an employer or union has violated the National Labor Relations Act. The Field Office will then investigate the charge and issue a complaint, absent settlement, if the Regional Director determines the charge has merit. The increase in cases comes during a period of critical funding and staffing shortages for the Agency. The NLRB has received the same Congressional appropriation of $274.2 million for nine consecutive years as costs have risen. Adjusting for inflation, the Agency’s budget has decreased 25% since FY2010. Overall Agency staffing levels have dropped 39% since FY2002 and field staffing has shrunk by 50%. The President’s Budget for FY2023 requested $319.4 million for the NLRB, a 16% budget increase. “The NLRB is processing the most cases it has seen in years with the lowest staffing levels in the past six decades. Our dedicated staff, especially in our 48 field offices, are handling unsustainable caseloads. The Agency urgently needs more resources to process petitions and conduct elections, investigate unfair labor practice charges, and obtain full remedies for workers whose labor rights have been violated,” said NLRB General Counsel Jennifer Abruzzo. “We need Congress to help us restore the capacity that we have lost after years of underfunding.” For more information, contact us at: http://www.beverlyhillsemploymentlaw.com/

NLRB Appoints Kimberly Sanford as Agency’s First Chief Diversity Officer

You are subscribed to Press Releases for National Labor Relations Board. This information has recently been updated, and is now available. NLRB Appoints Kimberly Sanford as Agency’s First Chief Diversity Officer 07/12/2022 10:09 AM EDT July 12, 2022 Today, National Labor Relations Board (NLRB) Chairman Lauren McFerran and General Counsel Jennifer A. Abruzzo announced the appointment of Kimberly Sanford as the NLRB’s first Chief Diversity Officer. The appointment is a key component of the NLRB’s commitment to achieving the goals established by President Biden in Executive Order 14035, “Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce.” As the NLRB’s Chief Diversity Officer, Ms. Sanford will lead the Agency’s efforts to advance diversity, equity, inclusion, and accessibility (DEIA) goals, including building a diverse workforce and fostering an inclusive environment, through policy development, workforce analysis, outreach, education, and retention. Ms. Sanford will do so through collaboration and partnership with all Agency divisions, including the Office of Equal Employment Opportunity (OEEO), which has led the Agency’s work to develop a comprehensive strategic plan for DEIA. With over 35 years of federal service, Ms. Sanford currently serves as the Deputy Director for the Division of Administration at the NLRB. Prior to her tenure with the NLRB, she served at the U.S. Department of Housing and Urban Development (HUD), where she began her professional career as a Legal Technician in the Office of Fair Housing Enforcement and advanced to become a Senior Policy Analyst in the Office of Fair Housing and Equal Opportunity. Ms. Sanford is also a graduate of HUD’s Emerging Leaders Program and holds a Bachelor of Science in Management Studies. “The President’s Executive Order aims to make the federal government a model employer. We wholeheartedly agree that DEIA should be an integral part of all our efforts to achieve that goal,” said Chairman McFerran. “We are thrilled that Kimberly will be leading this initiative and building off the work that OEEO and others have already done in order to create a more equitable and inclusive workplace at the NLRB.” “We’re incredibly pleased to announce this new position within the NLRB, and excited for Kimberly to step into this role,” said General Counsel Abruzzo. “Throughout her tenure at the NLRB, Kimberly has proven to be a strong and thoughtful leader and we’re fortunate that she will be heading our efforts to advance DEIA at the Agency.” For more information, contact us at: http://www.beverlyhillsemploymentlaw.com/

NLRB Releases Updated Supplement to Outline of Law and Procedure in Representation Cases

July 11, 2022 Washington, D.C — The National Labor Relations Board (NLRB) has issued an updated supplement to its Outline of Law and Procedure in Representation Cases (“Outline”). The Outline, which was originally issued in the early 1960’s, is a guidance document prepared by the Office of the General Counsel and was last updated in its entirety in 2017. The new supplement, issued in May 2022, covers legal developments related to Board representation law that occurred during 2021. A supplement has been issued each year since, covering developments in representation law during the prior year. The Outline details developments in Board election and representation law and serves as a research tool for attorneys who practice before the Board. The 2021 supplement to the Outline covers virtually all published representation cases (Board and circuit court) from 2021, as well as consolidated representation and unfair labor practice cases in which the Board passed or commented on the representation issues. Several unfair labor practice cases that involve issues relevant to representation case law (e.g., jurisdiction and joint employer) are also included. Rulemaking activities that relate to representation-case matters are included as well. The 2021 supplement was edited by Terence G. Schoone-Jongen, Director of the Board’s Office of Representation Appeals. The Outline and each year’s supplements can be found under “Manuals and Guides” on the NLRB’s public website. For more information, please contact us at: http://www.beverlyhillsemploymentlaw.com/

Bowerman v. Field Asset Services

Employment Class certification was inappropriate where the putative class members could not establish their employer’s liability for failing to pay overtime wages or to reimburse expenses by common evidence. The California Court of Appeal has repeatedly limited Dynamex’s applications to claims based on or rooted in California’s wage orders; Dynamex did not apply to class members’ expense reimbursement claims based on Labor Code §2802, Borello’s multifactor and fact-intensive inquiry did. The court will exercise pendent appellate jurisdiction over interim fee awards that are inextricably intertwined with or necessary to ensure meaningful review of final orders on appeal. Bowerman v. Field Asset Services - filed July 5, 2022 Cite as 2022 S.O.S. 18-16303 For more information, contact us at: http://www.beverlyhillsemploymentlaw.com/

NLRB Wins $3.12 Million for Unlawfully Fired Workers in Settlement with MasTec and DIRECTV

NLRB Wins $3.12 Million for Unlawfully Fired Workers in Settlement with MasTec and DIRECTV 06/30/2022 12:41 PM EDT June 30, 2022 As part of a settlement approved on June 1, 2022, by Administrative Law Judge Robert A. Ringler, MasTec Advanced Technologies (MasTec), has agreed to pay 26 former employees $3.12 million in backpay, interest, and expenses. The dispute began in 2006 when 26 service technicians employed by MasTec, a contractor of DIRECTV, LLC f/k/a DIRECTV, Inc. (DIRECTV) that installs satellite TV receivers, were fired after reaching out to a local television station and participating in an interview with a local reporter, which was broadcast in the Orlando, Florida area. In the interview, the technicians voiced their frustration with the new pay structure implemented by their employer, which was based upon the technicians’ ability to convince customers to agree to a particular installation option. The technicians expressed concern with their supervisors telling them to tell customers whatever it took to convince them to agree and with losing money if they did not convince customers. One technician said they were just asking to be treated fairly. Region 12-Tampa of the NLRB investigated and tried the case before an Administrative Law Judge. On July 21, 2011, the National Labor Relations Board determined that the employees’ participation in the TV interview constituted protected concerted activity. Consequently, it found that by causing the discharge of the technicians for their participation in the newscast, and by discharging them, DIRECTV and MasTec committed unfair labor practices. In September 2016, the D.C. Circuit enforced the Board’s order, including the requirement that DIRECTV and MasTec make the unlawfully discharged employees whole. In October 2021, the D.C. Circuit held MasTec in contempt of court, and granted, among other things, costs, expenses, and substantial prospective fines for future violations. On November 30, 2021, Region 14-St. Louis of the NLRB issued a compliance specification setting forth the amounts owed by MasTec and DIRECTV and entered into negotiations that led to the settlement. Region 12 Director David Cohen said, “Workers have the right to speak out publicly about their pay and working conditions, and the NLRB will continue to vigorously protect that right. This very meaningful settlement is the result of an excellent and persistent team effort by Agency personnel, and I greatly appreciate the hard work of all who were involved. This includes the investigation and litigation of the unfair labor practices before the Administrative Law Judge and the Board by Region 12 staff, the litigation efforts to obtain enforcement of the Board Decision and Order in the D.C. Circuit by the Appellate and Supreme Court Litigation Branch, and the investigation, litigation, and negotiation of backpay and other compliance matters led by Region 14 staff, with significant assistance from the staffs of Region 4 and the Contempt, Compliance and Special Litigation Branch of the Office of Legal Counsel.” “I want to thank the many NLRB staff that helped win this significant settlement for the workers who were unjustly fired for exercising their right to engage in protected concerted activity,” said Region 14 Director Andrea J. Wilkes. For more information, contact us at: http://www.beverlyhillsemploymentlaw.com/

U.S. District Court Orders Arbah Hotel Corporation to Pay Fines and NLRB Attorney Fees, Holding Arbah in Contempt of Injunction to Bargain in Good Faith

On May 13, 2022, the United States District Court for the District of New Jersey granted Region 22 of the NLRB’s Petition for contempt against Arbah Hotel Corporation and its affiliate The View Hotel, Inc. for failing to comply with the Court’s prior temporary injunction. To remedy Arbah’s failure to comply, the Court ordered Arbah to pay the NLRB attorneys’ fees and costs and ordered prospective fines of $10,000, in addition to daily fines, if Arbah continued not to comply with the court’s order. The Employer operated the Meadowlands View Hotel in North Bergen, New Jersey. The employees —room attendants, porters, drivers, maintenance, cooks, waiters, waitresses, and dishwashers—were represented by the New York Hotel and Motel Trades Council, AFL-CIO (the Union). In February 2020, the Employer subcontracted their work and falsely blamed the Union for their layoffs. In April 2021, the United States District Court issued an order granting the injunctive relief, thus requiring Arbah to recognize and bargain with the Union over a successor collective-bargaining agreement and over the terms of a preferential hiring list. The order also required Arbah to offer reinstatement to the unit employees as their positions became available, provide the information requested by the Union, mail the court order to the unit employees, and to post the court order at the hotel when it reopens. Because the Employer failed to comply with significant parts of the injunction, including the order to bargain over a successor contract and the terms of a preferential hiring list, District Court Judge John Michael Vazquez held Arbah in contempt, ordered Arbah to pay the NLRB’s attorneys’ fees and costs and imposed prospective fines in the case of continued noncompliance. Judge Vazquez also requested additional briefing on whether Arbah’s owner, Mark Wysocki, should be held personally liable for contempt of the order. Regional Director Suzanne Sullivan noted, “This case serves as a cautionary tale for violators of the National Labor Relations Act: the NLRB will pursue all available remedies for employees who are victims of unfair labor practices under the NLRA and will vigorously pursue legal action to ensure that violators adhere to the court’s orders. I want to thank Field Attorney Sharon Chau and Acting Regional Attorney Julie Kaufman for their tireless work on this case.” For more information, please contact us at: http://www.beverlyhillsemploymentlaw.com/