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HARTFORD – Foxwoods, the UAW and the National Labor Relations Board entered into settlement agreements today that provide remedies for more than 35 violations of federal law. Remedies include putting fired dealer Dave Ellsworth back to work with back pay plus interest and rescinding discipline issued to other dealers who have supported the Union. The hearing scheduled for tomorrow has been canceled as a result of the settlement.
“My family and I are thrilled that I have been vindicated and I will be going back to work,” said Dave Ellsworth, a 10-year Table Games dealer who was illegally disciplined for union activity.
“This shows the power we have when we act together as a union. The settlement agreement goes beyond me and speaks to how they treated all of us during our organizing campaign. Management has agreed to change their behavior towards our union -- but we know the changes aren’t truly permanent until they are secured in a union contract,” Ellsworth continued.
In early March, the National Labor Relations Board issued a Complaint charging Foxwoods with 35 serious violations of the National Labor Relations Act (attached). The company’s misconduct was part of a widespread campaign by management to attempt to intimidate workers into voting against the union – and then to try to chill union activity following the dealers’ overwhelmingly successful vote. Charges included threats of loss of wages and benefits, and the implication that Foxwoods would never negotiate even if the workers voted for a union. The illegal threats were communicated individually by supervisors, at management-run anti-union meetings, and in a newspaper ad blitz run by the company during the election period.
Pursuant to the settlement agreement, Foxwoods has agreed to post NLRB notices in employee areas for 60 days that address each of the specific violations. See Text in sidebar for exerpt.
“Because we stood together as a union, they had to make it right,” added Jacqueline Little, a 15 year dealer. “It took the pressure of our united workforce and a looming trial to make Foxwoods stop their misconduct.” |
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WE WILL NOT maintain or enforce any rules or policies that restrict your protected right to discuss your wages, hours and terms and conditions of your employment with other employees at our facility, including your right to talk to other employees about testimony at hearings before the National Labor Relations Board.
WE WILL NOT prohibit you from distributing union materials, or engaging in any other union activities, during non-working time in non-working areas of our facility, including our parking lots.
WE WILL NOT, by advertisements in newspapers or in any other manner, tell you that we will never negotiate a contract with the UAW, or any other union.
WE WILL NOT, by advertisements in newspapers or in any other manner, threaten to reduce your wages or other benefits if you select the UAW, or any other union, as your collective bargaining representative.
WE WILL NOT issue you written warnings, suspend you, or discipline you in any other manner because of your union activities, or because you engage in protected activities with other employees concerning your wages, hours and terms and conditions of employment.”
“WE WILL remove those portions of our rules and policies that restrict your right to engage in union activities, including the distribution of literature or written materials, during non-working time in non-working areas of our facility.
WE WILL revise our rules and policies to make clear that they do not restrict your right to engage in protected activities with other employees concerning your wages, hours and other terms and conditions of your employment.
WE WILL remove from our records any evidence of the suspension we issued to David Ellsworth on July 4, 2007, the written warning we issued to Jacqueline Little on August 10, 2007, and the suspension we issued to Laureen DeMarchi on January 31, 2008, and notify them in writing that this has been done and that such warnings and suspensions will not be used against them in any way in the future |
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