During the one-year waiting period after the International Union of Operating Engineers, Local 399 (Union) lost an election to represent employees of Porter Hospital, LLC, d/b/a Porter Regional Hospital (Employer), the Employer unlawfully informed employees that they were not allowed to talk about their terms and conditions of employment, including disciplinary actions, with other employees. The Employer also unlawfully informed all employees that they may not discuss the Union during their lunch period. It also unlawfully disciplined an employee for discussing certification requirements and lunch break sign-out procedures with other employees and laid off three employees because of their union activities.
In May 2014, the Board authorized the institution of Section 10(j) injunctive proceedings against the Employer. On June 16, 2014, before the Section 10(j) petition was filed, the Regional Director of Region 25 – Indianapolis, IN approved the settlement agreement whereby the Employer agreed to cease and desist its alleged unfair labor practices, to pay backpay and front pay to the three employees, who waived reinstatement, and to post a notice explaining to employees their rights under the NLRA.