Monday, April 19, 2010

UPDATE: NLRB finds Operating Engineers Guilty of Unlawfully Fining Member $2500

In its second published ruling (PDF here) since it became legally staffed with a quorum, President Obama's National Labor Relations Board issued a decision finding the International Union of Operating Engineers violated the rights of IUOE member Mark Overton by fining him $2500 for reporting a safety violation.
The single issue in this case is whether the Respondent violated Section 8(b)(1)(A) of the Act by fining employee Mark Overton $2500 because, in compliance with the Charging Party Employer’s safety rules, which are incorporated by reference in the parties’ collective-bargaining agreement, Overton reported a safety violation by another employee to the Employer. The judge found the violation as alleged.

The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge’s rulings, findings, and conclusions and to adopt the recommended Order.

Read the rest here.


The decision was issued by members NLRB Chairman Liebman, as well as members Schaumber and Pearce.

For more on union fines, go here.

Cross-posted to the NLRB Scorecard.

UPDATE: Following the posting of this blogpost earlier this afternoon, the NLRB removed the aforementioned case from its website.  If the case is not republished in the next few days, we will remove this post.
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