Employer Evades Bargaining Order

In early 2014, aluminum manufacturer Novelis won a union election by a vote of 287 to 273. Subsequently, a National Labor Relations Board administrative law judge found Novelis committed numerous unfair labor practices, including restoring Sunday and holiday pay; removing union literature; interrogating employees; prohibiting employees from wearing union paraphernalia; and threatening employees with wage loss, plant closure, and more difficult working conditions if they were to unionize, as well as demoting an employee for complaining about management on Facebook. Among other measures, the ALJ recommended a bargaining order because “traditional remedies … would be insufficient to alleviate the impact reasonably incurred by eligible unit employees[.]”