Retaliation Over the Formation of a Union

Today’s burning question: I work part-time for a small fire department in a state that recognizes collective bargaining for firefighters. We are in the process of filing a petition with state labor relations board to become recognized by the township for collective bargaining purposes. We have enough members to form the union and we have all signed the union election petition. Rumor has it that the trustees have found out and plan to terminate our internet/WiFi access, stop letting us wash our cars at the station, put renovations of the fire station on hold, and even cancel the purchase of a new engine.

Don’t get me wrong – if the trustees do this it would be no big deal and will not change our plans. However, I think its petty and little more than an attempt to intimidate us. Is this legal for the trustees to do this? By the way I personally heard these rumors stated by our Assistant Chief.

Answer: This one is so easy even a caveman lawyer could win it!!!! It is a classic case of retaliation and an unfair labor practice. The fact that the remarks were made by the assistant chief makes the case pretty much a slam dunk.

Rather than disclose your state by quoting from the state’s collective bargaining law, let’s look at language of the National Labor Relations Act. Most collective bargaining states model their collective bargaining laws after the NLRA and in your case your state uses the virtually the same language.

NLRA Sec. 8. [§ 158.] (a) Unfair labor practices by employer. It shall be an unfair labor practice for an employer–

(1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7 [section 157 of this title];

(2) to dominate or interfere with the formation or administration of any labor organization…

(3) by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization…

So it would appear that the township, through the threats issued by the assistant chief, has violated each of the first three listed unfair labor practices.

The next question is, do you want to proceed? If so, the recourse is to file an unfair labor practice complaint with the state labor relations board. Not a great way to start your collective bargaining efforts, but if you feel it is necessary to protect your members then that is the route to be taken.