Region 27-Denver Secures Settlement Requiring Big Green Pay Nearly $450,000 to Employees

On September 6, 2024, Region 27-Denver signed a settlement agreement in a case against Big Green, a Colorado-based nonprofit organization, based on six unfair labor practice charges filed by the Denver Newspaper Guild-Communications Workers of America, Local 37074, AFL-CIO (the Union). The settlement requires Big Green to make whole 10 unlawfully terminated employees and pay them $449,999 in backpay, benefits, and wages as well as post, email, mail, and read aloud a notice to employees; and require all current managers and supervisors to attend a NLRB training on employee rights under the National Labor Relations Act (NLRA).

The settlement resolves a complaint alleging Big Green unlawfully reorganized its operations and laid off all 10 of its program coordinators and program managers less than three months after they requested that Big Green recognize the Union as their collective bargaining representative, and only a few weeks after a representation hearing where Big Green claimed that all the employees in the proposed unit were exempt from the NLRA’s protection as either supervisors or managers. The Regional Office also alleged several unlawful actions taken by Big Green, including threats of retaliation, interrogation, enforcement of overly broad or unlawful policies, and disciplines in retaliation for employees’ protected concerted activity for raising concerns about racism in Big Green’s operations through its Diversity, Equity and Inclusion Counsel, and for employees’ Union activity. 

In November 2023, an administrative law judge (ALJ) issued a decision finding Big Green had engaged in unfair labor practices. In January, Chief United States District Judge Gordon P. Gallagher of the Eastern District of Colorado issued an injunction requiring Big Green to recognize and bargain with the Union and reinstate the 10 unlawfully terminated employees, while the underlying administrative complaint is litigated.

“Workers have a right to take collective action free from employer retaliation. The work by Region 27 staff to obtain this settlement exemplifies their diligence and dedication to employees’ rights,” said Region 27-Denver Regional Director Matthew S. Lomax. “I’m extremely proud of their efforts here as this result is a critical part of restoring the ability of Big Green’s employees to exercise their rights.”

Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees, employers, and unions from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year. Region 27 serves areas in Colorado, Idaho, Montana, and Nebraska from its Regional Office in Denver.