NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,530, HOFFMAN SECURITY, LTD. and DISTRICT 1199C, NATIONAL UNION OF HOSPITAL AND HEALTH CARE EMPLOYEES, AFSCME, AFL-CIO., (Sep. 30, 1994), National Labor Relations Board, (Sep 30, 1994)
HOFFMAN SECURITY, LTD. and DISTRICT 1199C, NATIONAL UNION OF HOSPITAL AND HEALTH CARE EMPLOYEES, AFSCME, AFL-CIO.
315 NLRB No. 37.Case Nos. 4-CA-20303, -20435, and -20495. September 30, 1994 Wallace H. Nations, Administrative Law Judge..
Before Gould, Devaney and Cohen.
Margarita Navarro-Rivera, for General Counsel. Jeffery L. Braff, Philadelphia, Pennsylvania, for Respondent Employer.
Refusal to Bargain--Good Faith Bargaining--Changes and Failing to Give Data.--An employer violated its duty to bargain in good faith with a union by committing several unfair labor practices following the certification of the union as an employee representative. These unlawful acts included refusing to furnish the union with a copy of its contract with a contracting employer, unilaterally discontinuing merit wage increases and unilaterally changing the schedules of its employees without notice to the union. Section 8(a)(5).
Back reference: ¶3085.68.
Threats--Fact Finding--Job Security.--On the facts, by threatening its employees with a loss of business and loss of their jobs because they had selected a union as their bargaining representative, an employer interfered with the employees’ right to freely select a bargaining representative. Section 8(a)(1).
Discrimination--Pretextual Nature of Reason--Union Activist.--By discharging one of its employee because of her activities on behalf of a union, an employer discriminated against her. The employer’s reasons for terminating the employer were demonstrated to be pretextual because she was disciplined in a disparate manner from other employees. Section 8(a)(3).
Back reference: ¶4095.1745.
From Text of Board’s Decision
The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge’s rulings, findings, [1] and conclusions and to adopt the recommended Order.
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