(NLRB) Settlement distributes more than $300,000 to unlawfully discharged workers in Texas

[Omaha Steve]

http://www.nlrb.gov/news/settlement-distributes-more-300000-unlawfully-discharged-workers-texas

In a settlement with the National Labor Relations Board, a Texas scaffolding company has agreed to pay $323,116 in backpay, per diem and interest to 73 former employees who were discharged in violation of federal labor law.

The agreement, signed February 3, also requires Atlantic Scaffolding Company to expunge its records of the discharges and send written notification of the action to the employees.

The settlement follows a Board decision in March 2011 that found the company unlawfully terminated the 73 employees for engaging in protected concerted activity. The Board later denied the employer’s motion for reconsideration.

The employer then provided records to the Board’s Regional Office so that backpay could be calculated. After extensive review of the payroll records, assessment of the interim earnings of the terminated employees, and consultation with the employer and the United Brotherhood of Carpenters, Local 502, the Region concluded that $274,916 in backpay and per diem were due, with daily compound interest through January 31, 2012 adding $48,200.

The records also established that the job for which the employees were hired had concluded in May 2008 and the discriminatees were therefore not entitled to reinstatement.

The settlement was made possible by the hard work of Region 16 trial attorney Jamal Allen, Compliance Officer Charlene Donovan and Compliance Assistant Tracy Williams-Fisher.

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February 10, 2012
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www.nlrb.gov

[quakerboy]

1. Presumeably thats good for the employees

I do wonder what does an employer has to loose in withholding pay or doing things wrongly? It seems that at worst, they have to pay that pay, after a delay, with a little interest. Shouldn't it cost them more to do it wrong than it would to do it right?

[Omaha Steve]

3. There are no penalties to the company other than back pay and interest

There were penalties in EFCA. But that died thanks to just 2 D Senators. My biggest complaint with Ben Nelson by far. Lincoln paid for her staying with what Wal-mart told her to do.

[quakerboy]

5. Thats what it sounded like

and its wrong. There is no incentive for companies to act right toward employees. The worst it can cost them is what it would have cost them anyway.

What would happen if we told the general populace that from now on, they shouldn't rob banks, but that if they ever get caught robbing a bank, the only consequence is that they would have to pay the money back? Or that they shouldn't steal cars, and if they do get caught steal a car, they will have to give the car back(but not even pay to fix the broken window).

[secondvariety]

2. Wow

Illegally terminating 73 employees- I wonder what they did to piss off Atlantic Scaffold.
Anyway, good news for the ex-employees.

[Kingofalldems]

4. Labor laws need to be changed---jail time needed on this one