Novelis Corp. v. National Labor Relations Board

Novelis’ Oswego plant management announced that employees would no longer receive Sunday premium pay and that holiday and vacation days would no longer count toward overtime eligibility. Abare and others obtained signed union authorization cards from a majority of the eligible employees.The Union requested voluntary recognition. Management announced that it no longer contemplated compensation changes. Some employees requested the return of their authorization. Novelis declined the demand for recognition. The Union sought an election. Novelis aggressively resisted organizing efforts. Executives reminded employees that Novelis’ unionized Quebec plant had closed. Novelis prevailed, 287 to 273. Abare subsequently posted a vulgar remark to his Facebook account complaining about his salary and castigating his fellow workers. Novelis demoted him. The NLRB issued a complaint alleging violations of the National Labor Relations Act, 29 U.S.C. 158(a)(1). An ALJ concluded that Novelis had committed unfair labor practices (ULPs) by restoring Sunday and holiday pay, removing Union literature, prohibiting employees from wearing Union paraphernalia, coercively interrogating employees, threatening employees, and by demoting Abare. The ALJ recommended the “extraordinary relief” of a bargaining order. The Board upheld the decision, declining to allow Novelis to supplement the record. The district court upheld the findings but refused to issue an interim bargaining order. The Second Circuit affirmed, concluding that the Board did not fully consider events occurring between the ULPs and its decision. While there is reasonable cause to believe that ULPs occurred, the evidence is not overwhelming. The employees are "sharply divided over the issue of unionization.” View "Novelis Corp. v. National Labor Relations Board" on Justia Law