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NLRB judge finds Dollar General sacked worker for being pro-union
https://www.whatjobs.com/news/usa/us-business-news/nlrb-judge-finds-dollar-general-sacked-worker-for-being-pro-union
By Nithya Bose in US business news, posted July 21, 2023
A National Labor Relations Board judge has found Dollar General violated federal labor law through multiple actions, including illegally firing a pro-union staff member.
The fast food chain was accused of wrongfully surveilling and interrogating employees, and threatening to close a store where a petition for union representation had recently been filed.
The controversy arose in September 2021 when the United Food and Commercial Workers Local 371 petitioned to represent the workers at the chain’s Barkhamsted, Connecticut store.
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Three representatives from its corporate headquarters visited the store, closely monitoring union activities for over four weeks leading up to a scheduled election.
During this period, the corporate officials illegally surveilled employees, solicited grievances and benefits, and assessed employees' likelihood of supporting the union.
They even implied that the store could face closure if the union was successful.
Two weeks before the election, Dollar General unlawfully terminated the worker they believed was the main pro-union advocate.
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Judge Arthur Amchan ruled Dollar General to reinstate the terminated worker and compensate them for any direct or foreseeable monetary damages, including backpay.
He wrote in his decision the evidence: “Established a corporate-wide determination to interfere, coerce, and restrain Dollar General employees in the exercise of their Section 7 rights — of which its activities at Barkhamstead were only a part.”
“The unfair labor practices herein involve individuals at the highest levels of Dolgen management.
"They were also committed pursuant to a corporate policy as to how to deal with organizing efforts by Dollar General employees. They also constitute blatant hallmark unfair labor practices,
The company must display nationwide electronic and physical notice postings of employees' rights at all facilities associated with the union representation petition in Barkhamsted.
Furthermore, due to Dollar General's numerous violations, the judge issued a broad cease and desist order, requiring the company to refrain from discharging or discriminating against employees engaged in union or protected concerted activity.
NLRB Regional Director Laura Sacks said: “Workers have the right to advocate collectively for a more equitable workplace — and it is unlawful for employers to prohibit or retaliate against them for doing so.”
Dollar General told Supermarket News: “In 2021, our Barkhamsted employees voted against union representation and in favor of working directly with the company. At no time during this election did Dollar General violate the National Labor Relations Act.
“We believe the ALJ’s decision misapplies the law and ignores, and in some instances incorrectly states, the facts of this case, and we intend to appeal.”
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