Petition for Review – Unfair Labor Practices – Union

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Civil

7^th Circuit Court of Appeals

Officials: WOOD, Chief Judge, and ROVNER and WILLIAMS, Circuit Judges

Petition for Review – Unfair Labor Practices – Union

No. 14-2991; 14-3361 AutoNation, Inc. v. NLRB

Holding of meeting where employer attempted to prevent employees from unionizing held to violate unfair labor practices act.

“The Board concluded next that Davis and Andrews made implied promises of wage increases to deter workers from supporting the Union. During the meeting, Theodorou had read aloud a question a worker had submitted previously on the topic of worker pay. The worker wanted to know if it was “possible without voting the union into the dealership that the dealers’ [sic] current pay plan can be evaluated or updated more for progressing technicians whose current pay plan has a low pay ceiling.” Andrews responded that such a thing was “absolutely possible,” then added, “it’s something we try to do every year,” and that “the first thing we need to do” is to “look at that.” Later, Davis said that “if we’re not being fair or we’re not being competitive to what you guys could get on the open marketplace on your own, I think there would be a definite willingness to consider making adjustments for those of you who are negatively impacted by that,” adding, “we want a chance to address them [your concerns] before you pay somebody else to address them.”

Decision Enforced

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.