The union filed an unfair labor practice charge against the company for the way it treated Anderson, and an administrative law judge concluded that Redhook violated the National Labor Relations Act because of Scherrer’s text messages. The manager texted back: “What’s going on with u? U working for Redhook or u working in the union?” Anderson ducked the question and instead texted Scherrer a few more times asking if he could return to work, and a few days later the manager texted back: “Not right now! I filled your spot.”Īnderson then visited the jobsite in person and Scherrer again told him there was no work for him. Anderson immediately reached out to Scherrer to let him know he would not need to take the extended leave of absence and was ready to come back to work. Several other Redhook employees were also present when this occurred.Īnderson’s mother must have taken a turn for the better because she informed him that he didn’t need to return to Panama to visit her. Anderson’s direct supervisor, David Scherrer, granted the request for an extended leave of absence.īefore Anderson was scheduled to leave for Panama, he stopped by the union offices and signed an authorization card indicating his support for a union election. At the same time, one of the employees – Claudio Anderson – needed to take time off to travel to Panama to visit his ailing mother. The company, also known as Redhook, found itself embroiled in an organizing campaign when a construction union commenced efforts to convince employees to vote in favor of union representation.

is engaged in the general construction trade in New York City.

Manager uses texts to question worker’s loyalty While most employers know – or quickly learn – that they should avoid interrogating their employees about union matters, this decision demonstrates that the NLRB could take a very broad approach when determining the contours of the law, and serves as an important lesson for management personnel dealing with a union drive. In what appears to be a first-of-its kind decision, the National Labor Relations Board recently determined that an employer committed an unfair labor practice when one of its managers asked an employee a pointed question via text message about whether his loyalties lie with the company or with the union.

Textual harrasment