NLRB Region 1 – Boston Wins Administrative Law Judge Decision Requiring Massachusetts Plumbing Company to Reinstate Illegally Fired Workers, Rescind Unlawful Discipline, Cease Unlawful Threats and Bargain with the Union

On Wednesday, May 7, NLRB Administrative Law Judge Geoffrey Carter ruled that RCL Mechanical, Inc., (Employer) a plumbing company located in Raynham, Massachusetts violated the National Labor Relations Act by, among other things, interrogating and threatening workers, soliciting grievances, creating an impression of surveillance and threatening employees with discipline if they supported United Association of Journeymen and Apprentices of the Pipe Fitting Industry of the United States and Canada, Plumbers and Gasfitters Local 12, AFL-CIO. Judge Carter also found that the Employer illegally transferred, disciplined, laid off and terminated employees in violation of the National Labor Relations Act (the Act).   

In a thorough and well-reasoned decision, Judge Carter applied Wright Line, the standard for adverse employment actions and found the Employer violated the Act a number of times when it disciplined, laid off, transferred and terminated its employees. Judge Carter also ordered a remedial bargaining order, finding that such an order was warranted because the Employer had committed multiple unfair labor practices in the critical period between the filing of a petition and the election. Judge Carter analyzed the facts of the case under both standards for granting bargaining orders, Cemex and Gissel, and found that such a remedy was appropriate under both standards.  

In addition to the bargaining order, the Judge also ordered the Employer to cease and desist from making unlawful threats and promises, rescind the unlawful discipline and reinstate the terminated workers, along with making the discriminated employees whole with backpay. Finally, the Judge ordered a responsible management official of the employer to read notice aloud to workers because finding it necessary to “dissipate the chilling effect of the violations on employees’ willingness to exercise their Section 7 rights.” 

 “I am proud of the hard-working Region 1 staff who processed this case, including those handling the investigation as well as those who handled the litigation. Our team achieved this important step in protecting workers’ rights,” said Regional Director Laura Sacks. “I hope this decision helps other workers to know that they have Section 7 rights, and those rights are enforceable.”  

Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees, employers, and unions from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year. Region 1 serves areas in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont from its Regional Office in Boston and Subregional Office in Hartford.