Agency Cases

Wainwright Industries, Inc./Herron/7 -7080-15-079 (2015)

On December 17, 2015, the Occupational Health and Safety Administration dismissed an 11(c) complaint filed by a contractor previously assigned to a Wainwright job site alleging that the contractor was removed from his position in retaliation for filing a safety complaint against the Company. Wainwright Industries was represented by Adam Doerr and Andy Martone.

Voss Heating and Air Conditioning, et al. (Sheet Metal Workers Local 268), Case Nos. 14-CA-30091 et al. (2010)

Andy Martone, Angie Scott and Sabrina Wrenn successfully defended Charlie’s Air Conditioning and Heating, Collards Heating and Air Conditioning, D & C Sheet Metal, Heating and Cooling, Inc., DeRousse Heating and Air Conditioning, Inc., Genesio Refrigeration, Inc., Holloway Heating and Air Conditioning, Inc., Pass One Hour Heating and Air Conditioning, Reed Heating and Air Conditioning and Voss Heating and Air Conditioning on appeals of unfair labor practice charges filed against them by Sheet Metal Workers Local Union 268. The NLRB’s Office of the General Counsel rejected all ten of SMWA Local 268’s appeals and found that all of BHMD’s clients had the right to terminate their collective bargaining agreements and withdraw from the union. Link to copy of the decisions (PDF file).

NLRB News Release – “Complaint alleges Connecticut company illegally fired
employee over Facebook comments” (November 2, 2010).

The National Labor Relations Board reports it is pursuing an employee who criticized her supervisor on Facebook. In issuing this complaint, the NLRB is asserting that an employee’s Facebook postings are “protected concerted activity,” even if they criticize their employer in violation of company policy. This means that the NLRB is taking the position that under certain circumstances an employee cannot be fired or disciplined for postings negative comments about their employer online. It also means that an Internet Policy prohibiting employees from disparaging the company online is invalid. Link to copy of the news release (PDF file). Link to BHMD news on this development.

Keystone Steel and Wire Company; Grant of a Permanent Variance (Docket No. OSHA-2010-0011).

On October 12, 2010, the Occupational Safety and Health Administration granted Keystone Steel & Wire Company’s request for an extremely rare permanent variance from a published OSHA standard. In order to be awarded this variance, Keystone had to develop a safe and effective alternative to the existing standard and demonstrate the efficacy of its methods to the satisfaction of the Secretary of Labor. Andy Martone assisted Keystone in this process. Link to copy of the decision (PDF file).

St. Joe Manor and Terri Lange (June 18, 2010).

Andy Martone and Angie Scott successfully defended St. Joe Manor before the Occupational Safety and Health Administration against two Section 11(c) retaliation charges filed by former employees who claimed that they were discharged for complaining about safety violations. OSHA cleared St. Joe Manor of any wrongdoing and dismissed both complaints. Link to copy of the decision (PDF file).

APL Logistics Warehouse Services, Inc. (Int’l Chemical Workers’ Union Council) (2010).

Andy Martone successfully represented APL Logistics before the National Labor Relations Board in this representation case that ultimately resulted in the Union being decertified. APL Logistics’ employees in Shepherdsville, Kentucky filed a decertification petition with the National Labor Relations Board seeking to decertify the Union. The Union opposed the decertification petition and filed hundreds of “blocking charges” in an attempt to avoid a decertification election. Following the conclusion of the underlying unfair labor practice proceedings, the Union attempted to have the decertification petition dismissed. The Regional Director rejected the Union’s arguments and objections, found in APL’s favor and ordered the decertification election to proceed.

On June 8, 2010 (almost 3 years after their decertification petition was filed), APL’s workers in its Shepherdsville facility were finally allowed to vote on whether or not they wished to be represented by the Union. The employees overwhelmingly voted to reject the Union, and APL prevailed in the decertification election.Link to copy of the decision (PDF file).

Illinois Council of Police and City of Altamont (2008)

Andy Martone and Dan Doetzel successfully represented the City of Altamont before the Illinois Labor Relations Board. The Illinois Council of Police petitioned for a bargaining unit that included the City’s Police Captain. The City opposed the inclusion of the Captain in the bargaining unit and succeeded in excluding the Captain from the bargaining unit in proceedings before the Illinois Labor Relations Board.Link to copy of the decision (PDF file).

Eldon Loud and Columbia Quarry Company, Appeal Docket AR-8019369A (2008).

Andy Martone and Mindy Mahn represented Columbia Quarry Company in an Illinois Department of Employment Security Appeal. Claimant attempted to draw unemployment benefits while he was on leave from the company for health reasons and also drawing disability benefits from the Health and Welfare Fund Plan. Columbia Quarry Company appealed the Adjudicator’s determination that Claimant was eligible for unemployment benefits. The Administrative Law Judge found in favor of Columbia Quarry Company and denied Claimant’s unemployment insurance benefits claim. The Board of Review upheld the decision of the Administrative Law Judge. Link to copy of the decision (PDF file).

Agency for Community Transit and Ralph Luna, Board of Review Docket No. ABR-07-4413 (October 3, 2007)

Agency for Community Transit discharged an employee for violating a Company rule against the personal use of tools and equipment. The former employee filed for unemployment insurance benefits alleging that he had been discharged for complaining about safety violations. Andy Martone and John Pollard successfully appealed the referee’s determination, and the Illinois Department of Employment Security Board of Review found that the employee was discharged for misconduct connected with work and that “the filing of a charge with OSHA does not immunize an employee from future discipline.” Link to copy of the decision (PDF file).

In the Matter of Rita Vahle and The Principia College, Charge No. 2002 SA 0185, EEOC No. 21BA 28001, ALS No. S-12055 (2007).

Chris Hesse and Mindy Mahn represented The Principia College before the Illinois Human Rights Commission against a civil rights violation claim. In this matter Complainant, Rita Vahle, asserted that the College terminated her employment because she was handicapped, in violation of the Illinois Human Rights Act (“the Act”), 775 ILCS 5/1-101 et seq. Complainant Vahle alleged that: 1) she suffered from depression, 2) her depression is a handicap which falls within the meaning of the Act, and 3) the College terminated her employment on account of her depression. After an administrative trial, the Administrative Law Judge found in favor of The Principia College, and upon the filing of exceptions by Vahle, the Illinois Human Rights Commission upheld the findings and conclusions of the Administrative Law Judge. Link to copy of the decision (PDF file).

Agency for Community Transit and Ralph Luna (2006)

Andy Martone and Angie Scott successfully defended the Agency for Community Transit before the Occupational Safety and Health Administration against two Section 11(c) retaliation charges filed by a former employee who claimed that he was discharged for complaining about safety violations. OSHA dismissed both charges in their entirety and found that the Agency for Community Transit did not violate the law. Link to copy of the dismissal letters (PDF file).

Ray Black & Sons Construction, Inc. (Local 702, IBEW), 335 NLRB No. 38 (2001).

Andy Martone represented the Employer against unfair labor practice charges under Section 8(a)(5) of the National Labor Relations Act. While the Administrative Law Judge found in favor of the Union, the NLRB reversed and ordered the unfair labor practice complaint dismissed. Link to copy of the decision from the website of the NLRB (PDF file).

GATX Logistics, Inc. (Teamsters Local No. 7), 330 NLRB 481 (2000).

Andy Martone defended GATX Logistics, Inc. against the union’s unfair labor practice charges. The Board affirmed and adopted the decision of the administrative law judge rejecting the charge that the employer violated Section 8(a)(3) of the National Labor Relations Act by discharging a truck driver for insubordination by refusing to accept and run a designated route without timely giving the employer a valid reason. Link to copy of the decision from the website of the NLRB (PDF file).

GATX Logistics, Inc. (Teamsters Local No. 507), 325 NLRB 413 (1998).

Andy Martone represented GATX Logistics, Inc. in an unfair labor practice case. The union alleged that the GATX Logistics violated Section 8(a)(5) of the act by bargaining in bad faith, with no intention of reaching a contract, and by unlawfully declaring an impasse in the negotiations. The administrative law judge rejected the charges and found that both parties, after lengthy bargaining in which many issues were resolved, legitimately reached positions on the remaining issues which they refused to compromise. The Board affirmed this decision. Link to copy of the decision from the website of the NLRB (PDF file).

Secretary of Labor v. Mautz & Oren, Inc., 1990 WL 118164 (OSHRC 1990).

Andy Martone and Michael Bobroff represented Mautz & Oren, Inc.,
which was cited for violations of OSHA. The employer petitioned for and obtained a direction for review by the Commission of the decision of the administrative law judge. Reprinted from Westlaw with permission of Thompson/West (PDF file).