NLRB Office Charges Lawrence Human Services Employer With Nearly Two Dozen Violations of Federal Law

Following an investigation lasting several months, the Boston office of the National Labor Relations Board has charged CLASS, Inc. of Lawrence, MA with nearly two dozen violations of federal labor law. Attorneys Patrick N. Bryant and Kate Shea represented SEIU Local 509, which was elected in May 2013 by a majority of certain CLASS employees to help them improve their working conditions.

Federal law provides many private sector employees with the right to form or assist a union and act together with other employees for their benefit and protection. Employers subject to the National Labor Relations Act (NLRA) cannot provide benefits or penalties to employees in an effort to dissuade them from supporting, or even opposing, a union. Similarly, employers cannot discriminate against union supporters (or opponents), such as disciplining them for their beliefs.

These rights apply even to low-wage employees of non-profit human service providers like CLASS, Inc.

The NLRB's multi-count Complaint alleges that CLASS unlawfully terminated, intimidated, disciplined and threatened employees, in an effort to dissuade them from exercising federal rights to support Local 509. Specific allegations include: promises to increase wages if Local 509 is rejected; threatened loss of pay and benefits if Local 509 was elected; interrogated employees about their position on Local 509; implemented new rules to inhibit employees from supporting Local 509; and disciplined or terminated employees for supporting Local 509.

The NLRB has scheduled a hearing on the complaint for April 28. An attorney for the NLRB General Counsel's Office will prosecute CLASS. If the NLRB General Counsel prevails, CLASS likely will be ordered to reinstate terminated employees and pay them lost wages and benefits. An administrative law judge also could order CLASS to provide other remedies, such as posting a notice acknowledging its unlawful behavior and promising to honor employee's labor law rights.

In addition to the charges underlying the Complaint, Local 509 has levied about a dozen other charges regarding CLASS unlawful and unilateral actions since the employees voted for a Union. These additional charges remain under investigation or advisement by the Boston Regional office of the NLRB.