Region 20 Wins Administrative Law Judge Decision Ordering Reinstatement and Backpay for Illegally Fired Mechanics
On Monday, September 27th, Administrative Law Judge Mara-Louise Anzalone issued a decision finding that Tracy Toyota in Tracy, CA violated the National Labor Relations Act by failing to reinstate two striking employees at the time they unconditionally offered to return to work and by failing to reinstate others as openings later came up.
In 2020, a bargaining unit of mechanics at a dealership owned by former San Francisco 49ers player Ronnie Lott organized a union with the International Association of Machinists and filed a petition for an NLRB election. However, before the election was conducted, most of the employees went out on strike to put pressure on the Employer to recognize the Union. After a few days, the employees unconditionally offered to return to work, but the Employer reinstated only a handful of them, claiming that it had hired permanent replacements or that it didn't have enough work to bring some employees back.
After the employees ended their strike, Region 20 held an election in which the union prevailed by a vote of 17 to 8. The Employer then filed objections to the election, some of which were consolidated for a hearing with the unfair labor practice complaint. The Judge recommended that the Board overrule the Employer's objections, which would result in the union being certified.
Judge Anzalone also ordered the Employer to offer full reinstatement to striking workers who were not offered jobs back initially, as well as backpay to make them whole for their losses due to the Employer’s unlawful conduct. The Judge also ordered the Employer to post a notice to employees explaining their rights under the National Labor Relations Act.
“Tracy Toyota illegally denied reinstatement to these workers, who had a right to go on strike without being retaliated against,” said Region 20 Director Jill Coffman. “The Judge’s ruling will bring justice to these workers who were victims of their employer’s illegal actions.”
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 20 serves areas in California, Hawaii, and Northern Mariana Islands from its Regional Office in San Francisco and Subregional Office in Honolulu.