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Paving Firm’s Layoffs Punished Workers for Union Case, NLRB Says

Sept. 26, 2022, 10:15 PM

A New York City paving company illegally laid off workers in retaliation for their union filing a grievance to enforce the minimum crew sizes set forth in their collective bargaining agreement, a divided National Labor Relations Board ruled.

The written layoff notice from New York Paving Inc. blaming the union’s grievance for shutting down its asphalt operations was direct evidence that the company was motivated by anti-union animus, the NLRB said in a 2-1 ruling Monday.

The decision highlights how the NLRB differentiates between employers lawfully expressing their opinions and unlawfully making threats of reprisal. Federal labor law doesn’t shield ...