Friday, August 3, 2012

Federal Judge orders Los Angeles recycling firm to stop threatening union supporters and offer reinstatement to fired employees

August 02, 2012
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A federal judge has ordered American Reclamation, Inc., a Los Angeles trash hauling and recycling service, to stop violating federal labor laws by threatening employees with dismissal for supporting a union, among other things, and to offer interim reinstatement to three employees who were fired.

Judge Dean D. Pregerson of the U.S. District Court for the Central District of California issued the temporary injunction on Tuesday at the request of the NLRB, while the case is pending before Administrative Law Judge William Kocol. The injunction will remain in effect until the NLRB process is complete.

A complaint issued by the NLRB Regional Office in Los Angeles in April alleged that American Reclamation engaged in multiple unfair labor practices beginning in early October 2011, during a union organizing campaign. The company allegedly threatened employees that they would be fired for supporting the union and that the company would be closed or sold if the employees voted for the union. In addition, company officials unlawfully promised improved working conditions, including better safety equipment, to discourage their support for the union.

Two employees who openly supported the union were discharged in October 2011, and a third was discharged in January 2012 after photographing hazardous materials and encouraging employees to voice concerns about hazardous materials they were handling. The injunction orders the company to offer reinstatement to the three employees, and to read the order to all employees.

Attorneys Juan Carlos Ochoa Diaz and J. Carlos Gonzalez represented the Board in this matter in the District Court.

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