Here is an update about EMS defending itself from Unfair Labor Practices from the SEIU. You may recall that last summer, EMS was successful in defending itself against accusations of unfair labor practices by the SEIU in a hearing before an administrative law judge appointed by the National Labor Relations Board. The SEIU and General Counsel appealed this decision to the Board last June. Last week EMS learned it was successful in defending against the appeal.
In ruling in favor of EMS the Board found that not only did EMS not engage in unlawful labor practices, but that the SEIU had engaged in unlawful recognitional picketing. The board states: “We agree with the judge that the Respondent did not violate Section 8(a)(3) and (1) of the Act by refusing to reinstate certain strikers upon their unconditional offer to return to work. In reaching this conclusion, we adopt the judge’s findings that the strike was not an unfair labor practice strike, and that the Respondent was entitled not to reinstate the strikers because they engaged in recognitional picketing in violation of Section 8(b)(7)(C) of the Act.”
This decision is really a total victory. Not just for EMS, but for the business community in general. And it is a sound defeat for the SEIU and other unions that seek to use “Corporate Campaign” pressure tactics to force employers into “voluntary” recognition by signing a Neutrality Agreement (the model for EFCA) and ultimately employees into forced unionism! Employers and Employees can fight back by calling out the union’s recognitional activities for what they really are - and not rolling over just because the union says they’re on an “unfair labor practice” strike.
Also, be sure to Check out David Bego on the Michael Smerconish Show.