Employees at a Novelis Corporation (Employer) fabrication plant were dissatisfied with pending policy changes adversely affecting their holiday pay and overtime pay. The employees sought union representation to collectively bargain with the Employer. During the representation election campaign, the NLRB received reports that the Employer violated Federal labor law. The NLRB undertook an investigation and found evidence that the Employer threatened employees with plant closure, job loss, a reduction in wages, and mandatory overtime if they voted for the Union.
The NLRB also found evidence that the Employer disparaged the United Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied Industrial and Service Workers, International Union, AFL-CIO (the Union) by telling employees that the Union would seek to have their pay and benefits rescinded; interrogated employees about their union membership, activities, and sympathies; prohibited employees from wearing union insignia, while permitting employees to wear anti-union insignia; and prohibited employees from distributing literature anywhere on the EmployerÔÇÖs premises. The General Counsel issued complaint on May 6, 2014.
On June 13, 2014, the Board authorized the institution of Section 10(j) proceedings to obtain an immediate order directing the Employer to cease and desist from violating Federal labor law and to bargain with the Union. On September 4, 2014, the district court ordered the requested relief in part, declining to issue a bargaining order but ordering the Employer to cease and desist from violating Federal law labor.