Region 32 Enjoins Employer’s Unfair Labor Practices During Teamsters Local 350 Organizing Campaign

October 13, 2011 by Beeson Tayer & Bodine

Teamsters Local 350 petitioned to represent drivers for OS Transport/HCA Management, which subcontracts with Greenwaste Recovery, Inc. to haul waste. To thwart the Union campaign, OS Transport committed multiple egregious unfair labor practices including discharging Union activists, assigning less desirable work and cutting the hours of Union supporters. Local 350 filed unfair labor practice charges against the Employer and after extensive investigation Region 32 issued a complaint.

Region 32 then exercised its infrequently used power, under section 10(j) of the Act, to obtain a federal court order enjoining the Employer’s unfair labor practices and requiring it to rehire the Union supporters and to restore employees to the working conditions and hours of work they had enjoyed before the Union campaign. The Judge’s order also required the Employer to give the Union access to the names and addresses of employees, post a broad cease and desist order, and permit the reading of his order to the employees. Persuading the NLRB to seek injunctive relief during an organizing campaign, where the slow remedial process of a Board trial is often too late to stop an employer from crushing an organizing campaign, can often be crucial to winning the campaign.

That was the case here where, following the injunction and a successful hearing before an NLRB ALJ, the Board conducted the long-delayed election, which Local 350 won by a large margin.

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