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Settlement of Organizing Discharge Case

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202-273-1991

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In early May 2015, Region 25 approved an informal Board settlement in Green Organics, 25 CA-143923. The case involved allegedly unlawful conduct by the employer, including the layoff/discharge of a leading union supporter, during a union’s organizing campaign in the fall of 2014. The Region conducted an election in December 2014 which resulted in a 2-2 tie with the alleged discriminatee’s challenged ballot being determinative. Investigation into the employer’s conduct resulted in determination to issue complaint. After receiving authorization from the Board, the Region also initiated Section 10(j) injunction proceedings against the employer to return the employee to work. As the unfair labor practice hearing approached, the Region approved the parties’ settlement reinstating the discriminatee with full backpay and agreeing that his challenged ballot should be opened and counted. The ballot was opened and the union was certified as the employees’ representative. The parties can now start negotiations for a collective-bargaining agreement.