Labor & Employment Law

Illegally Fired Workers Must Get Jobs, Pay Back

By Mike Hall

Nearly 150 workers at a Michigan auto parts manufacturer could be getting their jobs back?along with back pay?after a National Labor Relations Board (NLRB) administrative law judge (ALJ) ruled they were illegally fired.

In early 2008, the workers, members of UAW Local 822, were in negotiations for a new contract with Douglas Autotech Corp. in Bronson. In May, according to a press release from the NLRB, the union called a brief strike

but quickly realized that the strike was not lawful because certain timely notice was not given….The union made an unconditional offer to return to work on the third day of the strike.

But the employer then locked out the workers but resumed negotiations. In August, the company dismissed the entire unionized workforce, claiming the brief strike had cost them the protection of the National Labor Relations Act.

In his decision Administrative Law Judge Paul Buxbaum writes the employer lost its right to fire the workers for the illegal strike when managers responded to their return-to-work offer with mixed signals?a lockout and continued bargaining.

By belatedly choosing to terminate the entire bargaining unit, the employer chose what can only be described as the labor relations equivalent of a nuclear option?a flagrantly egregious and unlawful course of conduct.

According to the Sturgis Journal:

Mary Ellis, president of Local 822, said the company could do the right thing and stop fighting it but she doesn’t expect it. Douglas has probably spent more money keeping the workers out than they would have if they had settled it long ago, Ellis said.

Douglas Autotech has until Feb. 2 to appeal the ruling. Click here to read the full decision.

Full post as published by AFL-CIO NOW BLOG on January 12, 2010 (boomark / email).