Time & Attendance
By Jon Hyman
Jun. 25, 2014
Let’s say you’re a popular Kansas City barbecue chain that provides employees the benefit of a free meal during each employee’s shift. Let’s say a labor organization, upset at your low wages, organizes a one-day strike in the hopes of “encouraging” you to raise your employees’ rate of pay to $15 an hour. Your employees exercise their rights under the National Labor Relations Act to walk of the job for a day in support of a demand for higher wages, and then exercise their right to return to work the following day. But, when they return to work, the free-lunch benefit they had been receiving is no longer available.
Shipley, the store manager with authority to continue or discontinue the meal benefit, told employees that if they participated in the strike they would “feel [his] wrath,” “might has well find another place of employment” and would be terminated.… These statements are more than sufficient to establish that the Respondent bore animosity towards the protected strike activity, but the timing of the action makes the case even stronger. The Respondent first notified employees that the meal benefit was being discontinued immediately upon their return to duties after the strike.
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