Press Release updates in Labor and Employment Law to Help Your Business Succeed
Kollman & Saucier Wins Victory Protecting Employers from Being Forced to Hire Union Members who are Unacceptable Job Candidates
TIMONIUM, Md., August 29, 2007 - Kollman & Saucier, the premier management side employment and labor firm in Maryland, today announced that the National Labor Relations Board (NLRB) will publish an opinion holding that Kollman & Saucier client J&R Roofing Company, Inc., properly refused to hire applicants who applied for positions solely to organize a union.
"This is a victory for companies who have long been the victim of aggressive and unlawful union salting practices," said Frank L. Kollman, partner at Kollman & Saucier, P.A. "The National Labor Relations Board has reached a reasonable and conscious decision to protect employers who are often expected to hire the worst possible employees simply because they announce that they are members of a union. With this decision, employers can look to actual qualifications instead of professed memberships."
While applying for the positions, the union organizers engaged in obnoxious behavior and sexually harassed one of J&R's managers. An Administrative Law Judge found that J&R's reasons for not hiring the organizers was their statements promising to organize and not the organizers "loud and boorish" behavior. The NLRB reversed the Administrative Law Judge and held that if the employer can show that they would not have hired the applicants even in the absence of their union affiliation, the employer has not violated the National Labor Relations Act. In this instance the NLRB stated that the employer met its burden because the record shows that the applicants would not have been hired because of their sexually harassing statements and conduct during the application process.
This decision by the NLRB will be published in an upcoming volume of NLRB decisions.
About Kollman & Saucier
Kollman & Saucier, P.A. is the premier management side labor and employment law firm in the Baltimore area. The firm provides a broad range of legal services to businesses including legal representation of employers, training and education, civil litigation, benefit claims litigation, and immigration. Kollman & Saucier, P.A. is an AV rated firm, recognized in the Martindale-Hubble Bar Register of preeminent lawyers and has been recognized by Chambers USA as one of Maryland's top management side employment law firms for the last four years.
Kollman & Saucier, P.A., The Business Law Building, 1823 York Road, Timonium, MD 21093 Phone: 410-727-4300
Fax: 410-727-4391 © 1999 - 2010 Kollman & Saucier, P.A. All rights reserved.
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