Between August and October, 2013, the managers for the Providence Portland Medical Center (Employer) repeatedly subjected employees to anti-union animus and retaliation because of their union activities during an organizing campaign by International Union of Operating Engineers Local 701 (Union). For example, in one instance, a manager promised employees new training opportunities if they didn’t support the Union and changed work locations of certain employees in order to isolate them from other employees. In another, a manager made coercive statements to employees regarding the “secretive talk and whispering about unions,” and advised employees to bring concerns to management. The Employer also denied an employee’s request for flexible work hours and required him to take paid time off to comply with a subpoena for his attendance a NLRB pre-election hearing.
In April 2014, the Board directed the NLRB’s Portland Office to seek a cease and desist order from a district court judge and an order requiring the Employer to move employees back to their former reporting locations, as well as to post and read the forthcoming district court order. On May 9, 2014, before the Section 10(j) petition for injunctive relief was filed, the Regional Director approved a settlement agreement whereby the Employer agreed to cease and desist its alleged unfair labor practices, post a notice, and make the one discriminatee whole. It had previously returned employees to their former reporting locations.