Skip to main content

NLRB: Who Said There's No Such Thing as a Free Lunch? Not So Fast; Protected Concerted Activity at Play


Gates & Sons Barbeque of Missouri, Inc. and Workers' Organizing Committee, Kansas City - NLRB


Facts:  Gates & Sons operated a chain of successful barbeque restaurants.  One of the benefits offered to its employees was a free meal, valued between six and ten dollars, each day an employee was scheduled to work.  The Gates & Sons location involved in this case was highly successful and its employees at the location enjoyed the free lunch benefit.

A Workers' Organizing Center (which are often affiliated with labor unions) entered the picture and used a tried and true labor tactic, a strike, in order to help the employees advocate for higher hourly pay.  Unlike a traditional labor strike called by a union in support of a collective bargaining demand, this was a one day strike by the workers.  Even though these workers were not represented by a union, they still have the right to engage in "concerted activities for...mutual aid or protection" under Section 7 of the National Labor Relations Act ("Act").  It is important to remember that in the absence of violence or other untoward conduct, strikers may not be punished or discharged for engaging in a strike.  Once the workers engaged in the one day strike in support of higher wages, they returned to work the following day.  However, Gates & Sons apparently eliminated the workers' free meal benefit. 

Holding:  The Administrative Law Judge held that Gates & Sons' decision to terminate the free meal benefits was a form of retaliation against the workers that engaged in the protected one day strike.  As a result, terminating the free meal benefit was in violation of Section 8(a)(1) of the Act which prohibits employers from restraining, coercing, or interfering with the employees' right to engage in concerted protected activity.  Consequently, Gates & Sons was ordered to reinstate the free meal benefit and otherwise make the employees whole for any other losses they incurred as a result of the termination of the meal benefit.

Date:  June 17, 2014

Opinion:  http://www.nlrb.gov/case/14-CA-110229

Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...
Post a Comment
Read more

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...
Post a Comment
Read more

San Diego Rolls Back Vaccine Mandate For City Workers

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations
Post a Comment
Read more