Region 4 Wins Injunction Against Amerinox in Response to Unlawful Retaliation
On July 14, 2021, U.S. District Court, District of New Jersey, Judge Noel Hillman issued an interim injunction under section 10(j) of the National Labor Relations Act against Amerinox Processing, Inc., a stainless steel and aluminum processor, finding that Amerinox unlawfully retaliated against six employees in response to their efforts to unionize and that interim relief was appropriate. The Judge noted that Amerinox committed similar unfair labor practices in prior cases and decided to terminate and lay off employees on the same day that employees restarted the union campaign. Judge Hillman found that interim injunctive relief was proper because such retaliatory action was likely to have a substantial chilling effect on its employees’ unionizing activities.
The Order provides for interim reinstatement of the employees, a broad cease and desist order, and a notice reading and posting. On July 8, 2021, an Administrative Law Judge of the National Labor Relations Board found that Amerinox committed the same retaliatory actions and engaged in other coercive conduct to discourage union support.
The interim injunction will last six months, with limited extensions, pending a final Board Order on the underlying unfair labor practice allegations.
“These temporary injunctions are a powerful tool used to protect the process of collective bargaining and employee rights under the Act, and to ensure that Board decisions will be meaningful. I’m pleased that Judge Hillman issued this injunction,” said Region 4 Director Thomas Goonan. “I would like to thank the Agency staff who worked on this case, including attorneys Lea Alvo-Sadiky and Alvina Swati who displayed outstanding litigation skills in achieving the Agency mission to protect employees who choose to exercise their Section 7 rights.”
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 4 serves areas in Pennsylvania, New Jersey, and Delaware from its Regional Office in Philadelphia.