Labor & Employment Law Daily Wrap Up, LABOR NEWS—ALJ requires Sportsman’s Warehouse to reinstate union supporter, (Aug 4, 2025)
Organizations Mentioned:Labor Relations | United Food & Commercial Workers International Union
By Brandi O. Brown, J.D.
The ALJ found the employer threatened employees with store closure, told them that selection of a union representative would be futile, interrogated employees about their vote, and impliedly promised wage increases to discourage unionization, among other things.
The NLRB has announced that recently, in a case investigated and litigated by Region 28-Phoenix, an ALJ issued a decision and recommended order requiring the Sportsman’s Warehouse, Inc., in Prescott, Arizona, to reinstate a union supporter and to recognize and bargain with United Food & Commercial Workers International Union, Local 99, to remedy unfair labor practices committed during a union organizing campaign.
Threats and implied promises. During a union organizing campaign, the ALJ determined, the employer interfered with employees’ rights under the National Labor Relations Act in multiple ways, including: threatening employees with store closure and other consequences for their protected activities; threatening workers that selection of a union representative would be futile; impliedly promising wage increases to discourage unionization; soliciting grievances and impliedly promising to remedy them to discourage unionization; and interrogating employees about how they planned to vote in the NLRB-conducted vote.
Organizer reinstated. Additionally, the ALJ found that the employer discharged a lead employee organizer because of his union activity, and ordered the employer to reinstate the employee.
Bargaining order needed. Ultimately, the ALJ determined that a bargaining order was warranted to address these unfair labor practices. Absent an extension of time, any exceptions to the decision and recommended order must be filed within 28 days of the transfer of the case to the NLRB.
“Employees have the right to choose union representation, free of interference, restraint, or coercion by their employer,” said Regional Director Cornele A. Overstreet. “The Order recommended by Administrative Law Judge Giannopoulos vindicates those rights and protects employees’ choice regarding union representation.”
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