Phoenix, Arizona

During a successful organizing campaign by International Brotherhood of Electrical Workers, Local 387 (the Union), One Call Locators, Ltd. d/b/a ELM Locating & Utility Services in Phoenix, Arizona (the Employer) engaged in unlawful conduct, including promising increased benefits and improved terms and conditions of employment if employees refrained from engaging in union activities.  In addition, the Employer threatened removal of paid holidays if they selected the Union as their bargaining representative. Notwithstanding this coercive conduct, on February 22, 2014, the employees selected the Union as their collective-bargaining representative.  Thereafter, several employees were disciplined, and two were discharged for their role in the organizational campaign.

On July 9, 2014, the Board authorized the institution of Section 10(j) injunctive proceedings and directed the Phoenix Regional Office to seek an order requiring the Employer to stop its unlawful conduct, to reinstate the discharged employees, and to post and read the district court’s order.

On September 9, 2014, the district court provided the requested relief, except for reinstatement of one of the two employees.