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Melehy & Associates, LLC
8403 Colesville Road
Suite 610
Silver Spring, Maryland 20910
Telephone: 301-587-6364
Facsimile: 301-587-6308 |
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01/15/2010 - 4th Circuit: NLRA
4th Circuit Watch: NLRA
January 15, 2010
Court rules in favor of employee under the National Labor Relations Act (“NLRA”).
Piester v. NLRA, ____F.3d _____, 2010 WL 155548, January 15, 2010 (4th Cir. 2010)
In this published decision, the court ruled in favor of protecting employees from coercion when they “engage in other concerted activities for the purpose of … mutual aid or protection” under 29 U.S.C.A. §157.
The employee worked as a driver for a trucking company. The company changed its policy towards fuel surcharges which lowered the compensation for drivers. Many of the drivers openly complained about the new policy at a meeting when the company announced the new policy. For several months, the drivers continued to complain amongst each other and to the owner and secretary. One driver, Chapman, was never elected as the formal spokesman for the drivers, yet he alone went to the secretary and owner and complained about the fuel surcharge and asked that it be itemized in his paycheck. The conversation became heated and Pieser discharged Chapman.
The National Labor Relations Board (NLRB) found that Chapman had engaged in “concerted activities” during the meeting with Piester and the secretary and thus the company’s termination of Chapman constituted illegal coercion within the meaning of the NLRA.
The Court upheld the NLRB’s determination reasoning that even though Chapman was never formally elected as the spokesperson for the drivers and he complained alone that day, Chapman’s activities stemmed from the prior concerted activity of the drivers during the meeting four months earlier.
This precedential decision helps employees of Maryland, Virginia, West Virginia, North Carolina and South Carolina who, even though they are not union members, gain protection under the National Labor Relations Act from coercion (including termination and other adverse employment actions) when employees band together to improve workplace conditions.
For more information on the National Labor Relations Act and its protections, click here.
Melehy & Associates law firm’s labor lawyers and employment attorneys provide exceptional representation in all types of employment litigation throughout Maryland (including Montgomery, Prince George’s, Howard, and Charles Counties) and Washington, D.C. Melehy & Associates have experience handling cases that involve: wrongful termination, breach of employment contracts, employment discrimination, Equal Employment Opportunity Commission (EEOC), equal pay for equal work, False Claims Act (fraud on the government), Merit Systems Protection Board (MSPB - Federal Employees), non-compete agreements, retaliation, and Americans with Disabilities Act (ADA). | |
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