NLRB orders Greater Omaha Packing to reinstate employees unlawfully fired for protesting their worki
Source: NLRB
On March 12, 2014, the Board (360 NLRB No. 62) affirmed an NLRB administrative law judges earlier ruling that Greater Omaha Packing, a Nebraska-based meat processing and packaging plant, unlawfully discharged employees after they engaged in protected concerted activity.
In April 2012, a group of employees walked off the production line to protest the speed of the line and other working conditions, and thereafter met with the plant manager. That evening, the employees again met with the plant manager, to discuss their compensation and other matters. One month later, when the Employer learned that another work stoppage was planned, three employees were separately called into the office and dismissed. The employees filed a charge with the NLRBs office in Overland Park, Kansas, which investigated and issued a complaint. An NLRB administrative law judge found that the Employer had unlawfully discharged the employees in retaliation for engaging in concerted protected activity.
The employer appealed the judges order, leading to the Boards decision affirming the judges ruling and requiring the Employer to reinstate the employees with full backpay and benefits.
FULL title: NLRB orders Greater Omaha Packing to reinstate employees unlawfully fired for protesting their working conditions
Read more: http://www.nlrb.gov/news-outreach/news-story/nlrb-orders-greater-omaha-packing-reinstate-employees-unlawfully-fired
(The company can appeal to Federal Appeals Court IF they choose to do so.)
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March 14, 2014
MysticHuman
(219 posts)Were they a Union shop protected by a contract.... otherwise my understanding of the law is that unless you are Unionized workers really have no protections when it comes to being fired other than if the company is stupid enough to say it was because of race, gender ect....
Omaha Steve
(99,660 posts)http://www.lawmemo.com/articles/non-union.htm
Section 7 gives covered employees the right to engage in concerted activities even though no union activity is involved and even though no collective bargaining is contemplated by the employees involved. NLRB v. Phoenix Mutual Life Insurance Co., 167 F2d 983, 22 LRRM 2089 (7th Cir 1948), cert. denied, 335 US 845 (1948).
http://www.foundation.sdsu.edu/pdf/hr_EmployeeRightsPoster.pdf
MysticHuman
(219 posts)I just know from personal experience that any non union employee can be let go without any reason being stated.
So then it would be up to the employee to "prove" that the firing was unjustified under a limited set of rules such as you posted.
In my case the company I worked for was shutting down the plant I was working at. They were 2 weeks away from closing and I had came down with pnemonia and of course couldn't go to work. They fired me. That same day they fired 4 other long time employees and in the process saved the company a little over $5,000.00 in severance pay.
Anyway...when I called the NLRB they of course stated this was of course immoral but there was really no laws protecting employees under such circumstances.
Although I was fired the State of Michigan Unemployement Commission did find my firing unjustified and I did recieve unemployment benefits at the time.
The kicker that really pissed me off... the owner of the company (he actually had sold the company to a competitor who shut us down) made the local newspaper when donated $5,000.00 to the local Community College in honor of the company he had ran for over 25 years in the local community.
Again thanks for the information
MH
Sunlei
(22,651 posts)Now they need to Unionize that plant!