Labor Board Finds Employer Guilty Of 'Textual Harassment'

Manager's Text Message During Union Campaign Deemed Unlawful Interrogation

In what appears to be a first-of-its kind decision, the National Labor Relations Board recently determined that an employer committed an unfair labor practice when one of its managers asked a pointed question via text message to an employee about whether his loyalties lie with the company or with the union. While most employers know - or quickly learn - that they should avoid interrogating their employees about union matters, this decision demonstrates that the Labor Board could take a very broad approach when determining the contours of the law, and serves as an important lesson for management personnel dealing with a union drive (RHCG Safety Corp. and Construction & General Building Laborers, Local 79).

Manager Uses Texts To Question Worker's Loyalty

RHCG Safety Corp. is engaged in the general construction trade in New York City. The company, also known as Redhook, found itself in an organizing campaign when a construction union commenced efforts to convince employees to vote in favor of union representation in the summer of 2015. At the same time, one of the employees - Claudio Anderson - needed to take time off to travel to Panama to visit his ailing mother. Anderson's direct supervisor, David Scherrer, granted the request for an extended leave of absence.

Before Anderson was scheduled to leave for Panama, he stopped by the union offices and signed an authorization card indicating his support for a representation election. Several other Redhook employees were also present when this occurred.

Anderson's mother must have taken a turn for the better because she contacted him by phone to let him know he didn't need to return to Panama to visit her. Anderson immediately reached out to Scherrer, his manager, to let him know he would not need to take the extended leave of absence. Their communication was via text message, so we have an exact record of what was said:

Anderson, July 30, 4:11 p.m. Hi david I can work tomorrow and Saturday?

Scherrer, July 30, 8:36 p.m. What's going on with u? U working for Redhook or u working in the union? U got to tell me what's going on

Anderson, July 30, 11:04 p.m. I was there to talk you today but you left

[No response from Scherrer]

***

Anderson, August 1, 6:38 p.m. Hi david can I start work Monday with you?

[No response from Scherrer]

***

Anderson, August 2, 10:16 p.m. Hi David I can start work tomorrow?

Scherrer, August 3 Not right...