DECISION 10280-A (PECB)

Issue 1: Did the employer commit an unfair labor practice when it unilaterally changed the existing reduction-in-force policy without first bargaining to impasse with the union?

Issue 2: Did the employer commit an unfair labor practice when it discriminatorily targeted union supporters for layoffs?

The Commission affirms the Examiner’s ultimate conclusion that the employer committed an unfair labor practice when it unilaterally adopted a new layoff plan. When this employer chose to make its personnel reduction in a manner different from existing policy, it needed to satisfy its good faith bargaining obligation. The employer failed to do so.

The Commission affirms the Examiner’s findings and conclusions that the employer discriminatorily targeted bargaining unit employees Marybeth McCarthy and Megan Shea for layoff based upon their union activity but reverse the Examiner’s findings and conclusions that the employer discriminatorily targeted bargaining unit employees Karinya Castonguay and Shirley Chatters for layoffs. Substantial evidence supports the findings and conclusions that the employer targeted McCarthy and Shea for layoffs based upon their union activity, but not Castonguay and Chatters.

The Commission affirms the Examiner’s remedial order in its entirety and reinstate McCarthy, Shea, Castonguay, and Chatters. The issued remedial order is appropriately tailored to redress the employer’s unfair labor practices.

For the full decision, click here.

By: Marilyn Glenn Sayan, Chairperson
Pamela G. Bradburn, Commissioner
Thomas W. McLane, Commissioner
August 12, 2009

Spencer Nathan Thal, Anna A. Jancewicz, and Robert H. Lavitt, for the union.
Cheryl A. Cromer, for the employer.

Case 21845-U-08-5567

ERC