Harrell. v. Am. Red Cross, Heart of Am. Blood Servs. Region, No. 12-1264 (7th Cir. 2013)
Annotate this CaseA new union of ARC blood collection specialists was elected in 2007 and certified in 2010. During the unionization process, ARC filed repeated objections, ultimately overruled by the National Labor Relations Board, delaying certification. During the delay, ARC made changes in its union-represented employees’ terms of employment without notice to or bargaining with the new union, including: suspending merit pay increases; discontinuing matching contributions to the employees’ 401(k) plan; closing its defined pension plan to new employees; changing health insurance benefits; promoting team leaders to team supervisors and having them continue to perform unit work; reassigning truck loading work outside the bargaining unit; decreasing the number of personal time-off hours an employee can carry over; and allowing non-unit employees to perform bargaining unit work. As a result, worker involvement in union activities declined. Some employees feared retaliation and some were discouraged by the union’s failure to prevent ARC’s changes. An ALJ held that ARC violated 29 U.S.C. 158(a)(5). The district court ordered rescission of ARC’s failure to grant scheduled merit pay increases and a temporary injunction prohibiting further unilateral changes. The Seventh Circuit affirmed in part, but remanded for entry of the additional injunctive relief sought by the NLRB.
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