02/16/2025: Medieval Times Filed Baseless and Retaliatory Lawsuit Against Union
Also, Amazon had a facially legal rule that it illegally applied.
Medieval Knights, LLC & Medieval Times U.S.A. Inc., JD-10-25, 22-CA-301865 (ALJ Decision)
An ALJ found that Medieval Times violated the NLRA through several actions during a union organizing campaign by AGVA at its New Jersey and California locations. The ALJ determined Medieval Times unlawfully:
Threatened that employees at non-unionized facilities couldn't receive wage increases because NJ employees filed for a union election
Filed and maintained a baseless trademark infringement lawsuit against the union and MTPU with retaliatory motive
Contacted social media platforms to block union-related content
Threatened discipline for lawful handbilling
Issued unlawful subpoenas seeking protected information
Disciplined and discharged a key union supporter, Christopher Lucas
The ALJ analyzed the trademark lawsuit under BE&K Construction, finding it lacked reasonable basis as Medieval Times couldn't have reasonably believed it could prove consumer confusion - a key element of trademark infringement. The court's dismissal of the suit supported this conclusion.
For Lucas's discharge, applying Wright Line, the ALJ found abundant evidence of protected activity and anti-union animus. Medieval Times' stated reasons for discipline and discharge were pretextual, as the company had previously tolerated the conduct it cited.
The ALJ ordered reinstatement and backpay for Lucas, reimbursement of legal expenses to AGVA/MTPU for defending the trademark suit, and standard remedial notices.
Significant Cases Cited
BE&K Construction Co., 351 NLRB 451 (2007) - Lawsuit violates NLRA only if objectively baseless and retaliatory
Wright Line, 251 NLRB 1083 (1980) - Framework for analyzing discriminatory discipline requiring showing of protected activity, knowledge, and animus
Passavant Memorial Hospital, 237 NLRB 138 (1987) - Standard for effective repudiation of unfair labor practices requiring clear admission and adequate publication
Republic Aviation Corp. v. NLRB, 324 U.S. 793 (1945) - Employees have right to distribute union materials during non-work time in non-work areas absent special circumstances
Amazon.com Services LLC, JD-09-25, 04-CA-297653 (ALJ Decision)
The case concerns Amazon's Unpaid Time Off (UPT) policy and its application to employee strikes and protected activities across multiple facilities. The ALJ explicitly found that Amazon's UPT policy is not facially illegal under either the Stericycle or Boeing tests, as the policy is facially neutral and employees would not reasonably interpret it as prohibiting Section 7 rights.
However, the ALJ found that Amazon's application of the policy violates the National Labor Relations Act. Amazon's UPT system automatically deducts time from employees' UPT banks for absences. When employees participated in protected walkouts and strikes, Amazon deducted UPT hours from their balances without their consent. While Amazon has the capability to manually restore UPT hours and sometimes does so for other types of absences, it refused to consistently restore hours deducted for strike activity.
The ALJ determined that Amazon violated Sections 8(a)(1) and 8(a)(3) of the Act by:
Failing to restore UPT hours deducted during protected strikes
Assessing attendance points for strike participation
Treating strike absences differently from other exempt absences
Not providing written assurance that UPT deductions for protected activity wouldn't result in discipline
The decision requires Amazon to:
Restore UPT hours deducted for protected activities
Rescind attendance points issued for strikes
Reinstate any terminated employees
Make whole employees who suffered adverse consequences
Notify employees in writing about these changes
Post notices at all U.S. facilities
Significant Cases Cited
Advance Pierre Foods, Inc., 366 NLRB No. 133 (2018): Assessing attendance points for strike activity violated Section 8(a)(1) of the NLRA.
Stericycle, 372 NLRB No. 113 (2023): Established a test for evaluating the legality of facially neutral workplace rules.
Boeing, 365 NLRB No. 154 (2017): Provided a framework for analyzing workplace rules under the NLRA.
EEW American Offshore Structures, Inc., JD-11-25, 04-CA-324549 (ALJ Decision)
This case involves EEW American Offshore Structures, Inc.'s response to a union organizing campaign in 2023. The company was found to have violated the National Labor Relations Act through numerous unfair labor practices during and after a successful union organizing campaign by the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers.
The violations included surveillance of union activities, threats of discharge for union support, coercive interrogations, creating impressions of surveillance, and telling employees to avoid union representatives. After the union won representation, the company engaged in retaliatory discipline and discharge of union supporters, including Angel Gonzalez, Jonathan Santiago, Juan Perez, and Xavier Dowe, among others.
The company also made unilateral changes without bargaining, including implementing a new shift schedule for SPMT operators, eliminating working supervisor positions, and conducting mass layoffs in November and December 2023. The company claimed an economic exigency defense for the layoffs based on losing its main customer, Orsted, but this was rejected because operations continued for months after learning of Orsted's withdrawal, showing no immediate necessity that would excuse bargaining.
The ALJ ordered reinstatement with backpay for discharged employees, rescission of unilateral changes, bargaining over mandatory subjects, removal of disciplinary records, and notice posting requirements. The judge also ordered the notice to be read aloud to employees by the company's quality director or a Board agent.
Significant Cases Cited
Care One at New Milford, 369 NLRB No. 109 (2020) - Held employers have no obligation to bargain over individual discipline under established policies
Airgas USA, LLC, 373 NLRB No. 102 (2024) - Found unilateral layoffs unlawful when presented as fait accompli without meaningful bargaining opportunity
Thryv, Inc., 372 NLRB No. 22 (2022) - Established make-whole remedies must include compensation for direct and foreseeable pecuniary harms
RBE Electronics of S.D., 320 NLRB 80 (1995) - Established that economic events like loss of contracts do not justify unilateral action absent dire emergency
Atlas Concrete, LLC, 07-RM-357550 (Regional Election Decision)
Atlas Concrete, LLC sought dismissal of a union representation petition concerning 13 employees at its Marshall, Michigan facility located on Ford Motor Company property. The key issue was whether to order an election or dismiss the petition given Atlas's claim it would imminently cease operations at the facility.
The company had been performing concrete work for Ford's BlueOval battery plant construction project since September 2023. The scope of work was significantly reduced from 389,000 to 150,000 cubic yards of concrete, with the final pour scheduled for April 15, 2025. Atlas had no other ongoing or prospective work in the Marshall area or elsewhere.
The Regional Director found Atlas met its burden of proving the cessation was both imminent and definite, warranting dismissal of the petition. Key factors included:
Operations would cease within 4 months of the petition
Employees were advised of the temporary nature upon hire
The union was informed in 2024 this was a "one-and-done project"
Atlas had no other work or presence in the area
The work reduction and end date were definite
While Atlas had not formally notified employees of termination, the temporary nature of employment was clear from hiring. The Regional Director concluded an election would serve no purpose given the imminent and definite cessation of operations.
Significant Cases Cited
Davey McKee Corp., 308 NLRB 839 (1992): Board will not direct election where permanent closure is imminent and certain
Hughes Aircraft Co., 308 NLRB 82 (1992): 90-day subcontracting plan was sufficiently definite based on concrete evidence of implementation
Norfolk Maintenance Corp., 310 NLRB 527 (1993): Election ordered where cessation not expected for at least 7 months
Retro Environmental/Green Jobworks, 364 NLRB No. 70 (2016): Speculative assertions about future operations insufficient to dismiss petition