$323,000 in Back Pay for Illegal Firings

     DALLAS (CN) – A Texas scaffolding company agreed to pay $323,000 in back pay and interest to 73 workers it fired illegally, according to the National Labor Relations Board.



     The NLRB said in a statement that its agreement requires Atlantic Scaffolding Co. to purge its records of the firings and notify the former employees in writing.
     The settlement came after an NLRB decision in March 2011.
     A three-member panel ruled that Atlantic Scaffolding unlawfully terminated the employees for striking over a pay dispute. The BLRB ruling overturned an administrative judge’s ruling in favor of the employer.
     In its March ruling the NLRB found “the judge dismissed the complaint, finding that the employees’ work stoppage, while protected at its inception, lost its protection ‘at some point in time.’ We disagree … the employees’ work stoppage was a protected, concerted action in support of their demand for higher wages, and it did not interfere with the respondent’s use of its property.”
     The board denied Atlantic Scaffolding’s motion for reconsideration. The company has provided records so that back pay can be calculated.
     “After extensive review of the payroll records, assessment of the interim earnings of the terminated employees, and consultation with the employer and the United Brotherhood of Carpenters, Local 502, the Region concluded that $274,916 in back pay and per diem were due, with daily compound interest through January 31, 2012 adding $48,200,” the NLRB said.
     Records indicate that the job for which the employees were hired ended in May 2008, so the former workers are not entitled to reinstatement.

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