HARTFORD – Foxwoods, the UAW and the National Labor Relations Board entered into settlement agreements today that provide remedies for more than 35 violations of federal law. Remedies include putting fired dealer Dave Ellsworth back to work with back pay plus interest and rescinding discipline issued to other dealers who have supported the Union . The hearing scheduled for tomorrow has been cancelled as a result of the settlement.
“My family and I are thrilled that I have been vindicated and I will be going back to work,” said Dave Ellsworth, a 10-year Table Games dealer who was illegally disciplined for union activity.
“This shows the power we have when we act together as a union. The settlement agreement goes beyond me and speaks to how they treated all of us during our organizing campaign. Management has agreed to change their behavior towards our union -- but we know the changes aren’t truly permanent until they are secured in a union contract,” Ellsworth continued.
In early March, the National Labor Relations Board issued a Complaint charging Foxwoods with 35 serious violations of the National Labor Relations Act (attached). The company’s misconduct was part of a widespread campaign by management to attempt to intimidate workers into voting against the union – and then to try to chill union activity following the dealers’ overwhelmingly successful vote. Charges included threats of loss of wages and benefits, and the implication that Foxwoods would never negotiate even if the workers voted for a union. The illegal threats were communicated individually by supervisors, at management-run anti-union meetings, and in a newspaper ad blitz run by the company during the election period. Today’s settlement agreement is a resolution of these charges (attached).
Pursuant to the settlement agreement, Foxwoods has agreed to post NLRB notices in employee areas for 60 days that address each of the specific violations. The full text is attached, which includes the following:
“WE WILL NOT maintain or enforce any rules or policies that restrict your protected right to discuss your wages, hours and terms and conditions of your employment with other employees at our facility, including your right to talk to other employees about testimony at hearings before the National Labor Relations Board.
WE WILL NOT prohibit you from distributing union materials, or engaging in any other union activities, during non-working time in non-working areas of our facility, including our parking lots.
WE WILL NOT, by advertisements in newspapers or in any other manner, tell you that we will never negotiate a contract with the UAW, or any other union.
WE WILL NOT, by advertisements in newspapers or in any other manner, threaten to reduce your wages or other benefits if you select the UAW, or any other union, as your collective bargaining representative.
WE WILL NOT issue you written warnings, suspend you, or discipline you in any other manner because of your union activities, or because you engage in protected activities with other employees concerning your wages, hours and terms and conditions of employment.”
In the NLRB postings, Foxwoods also makes commitments including:
“WE WILL remove those portions of our rules and policies that restrict your right to engage in union activities, including the distribution of literature or written materials, during non-working time in non-working areas of our facility.
WE WILL revise our rules and policies to make clear that they do not restrict your right to engage in protected activities with other employees concerning your wages, hours and other terms and conditions of your employment.
WE WILL remove from our records any evidence of the suspension we issued to David Ellsworth on July 4, 2007 , the written warning we issued to Jacqueline Little on August 10, 2007 , and the suspension we issued to Laureen DeMarchi on January 31, 2008 , and notify them in writing that this has been done and that such warnings and suspensions will not be used against them in any way in the future.”
“Because we stood together as a union, they had to make it right,” added Jacqueline Little, a 15 year dealer. “It took the pressure of our united workforce and a looming trial to make Foxwoods stop their misconduct.”
“With regard to the warnings and other discipline, my coworkers and I knew it was not valid. I’m glad to see it rescinded and that Foxwoods management won’t continue this kind of behavior in the future.”
“Over the last 15 years I’ve seen so many people disciplined unfairly, and we’ve seen Foxwoods management say they can do anything they want – it’s different now that we have a union. This settlement is a great step forward, but employees’ rights will not be truly protected until the day we have a union contract,” Little added.
"We hope in this settlement that Foxwoods management has come to understand fair resolutions can be reached without going to the last possible legal step," said Bob Madore, Director of UAW Region 9A.
“Workers at Foxwoods have had enough of the legal wrangling and legal delays – it’s time to get to the bargaining table and negotiate a fair contract,” concluded Ellsworth.