Defense of Ready Mix Concrete Company Against Unfair Labor Practice Charges

We represented a ready mix concrete company with facilities across 12 states in defending unfair labor practice charges filed with the NLRB. Two employees, separately and at different times, quit coming to work and claimed to be “on strike” due to alleged unsafe work conditions and substandard wages. Our team assisted the company in drafting separate letters inviting each employee to contact the company and share concerns and to explain that each employee was not considered “on strike” but rather was considered to be refusing to work. Each employee was notified that if he continued to refuse to work, he would be considered to have quit. The employees did not contact the company or return to work and were terminated. Claiming that they had engaged in “protected concerted activity” under Section 7, each employee filed an ULP charge as did the Iron Workers Union. After investigation by the NLRB, the two employees ended up withdrawing their charges, and the NLRB refused to issue a complaint on the Union’s charge.