Judge orders Nipomo landscaper to rehire employees, bargain with union

December 5, 2011

A U.S. District Court judge ordered a landscaping company in Nipomo to temporarily rehire two employees who were laid off after seeking to organize a union, filing complaints, and offering testimony to the National Labor Relations Board (NLRB), according to the NLRB website.

As part of the temporary injunction, Central District of California Judge R. Gary Klausner also ordered Jason Lopez’s Planet Earth “to bargain with the Laborers Pacific Southwest Regional Organizing Coalition, and refrain from threatening, interrogating or otherwise interfering with employees in response to their activity on behalf of the union.”

Several Planet Earth employees began a campaign to unionize their facility in January 2010 following Lopez’s repeated failure to pay employees on time, the NLRB website says.

In May 2010, the union filed a representation petition with Region 31. The union was voted in during a September 2010 election.

Immediately after the election, Lopez fired one of the employees promoting unionization. On the following Monday, Lopez laid-off the second employee, the NLRB website says.

The region investigated and issued a complaint alleging that Lopez “refused to bargain with the Union and laid-off, interrogated, threatened, promised benefits, and granted benefits in response to the Union organizing campaign,” according to the NLRB website

The federal order will remain in place until NLRB Administrative Law Judge Gerald Etchingham, who recently heard the case, comes to a decision.

The NLRB is an independent federal agency that protects the rights of private sector employees to join together, with or without a union, to improve their wages and working conditions.


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60 Comments

  1. MrWitness says:

    All of these 58 as of 12/16/11 are off base. I was there! The employees in this case are wrong! All are paid! The National Labors Union while working through CalTrans infiltrated the company, told the employees to lie, utilized their financial might to strong arm this business through the liberal agenda of the NLRB.

    Employees were terminated for completely unrelated matters. Really. The union vote after the union wined and sinned with the employees for months prior to the election, threatened and intimidated other employees and company administrative staff, the union was removed from Jockos after an attack, only won by 2 votes – brothers.

    All the union cares about are dues, health plan accounts and pension accounts. Now Planet Earth Landscape a long time non union company is bankrupt after a long hard fight which was abuse of federal power. The NLRB and Union employees continue to this very day harrass this owner in violation of the automatic stay in bankruptcy under 11 USC 362.

    Just another example of our failed system!

    I hope all of you recognize you need to research prior to your insults. Another American Business taken out by our government policies. Not anti anything just a fact of an internal directive. This comment is retornicle because you can not reply until you understand; unions, NLRB, us district federal court system, bankruptcy law, employment law (which includes employer rights), self employment, wealth, the constitution and the facts – A to Z.

    (1) 5 Total Votes - 3 up - 2 down
  2. AtascaderoRon says:

    The problem, everyone is right in their own way. I do believe the vast majority of business owners are doing
    their best to pay and support their workers. We also know there are business owners who will cheat their employees, cheat their suppliers, and cheat their customers. Usually, if you will cheat one, you will cheat all.

    Yes, eventually everything will catch up with him or her. But that takes time and a lot of innocent people are hurt in the process.

    I still believe if this employer respected and treated his employees appropriately they wouldn’t have been seeking Union representation. No one can tell me that the Union was trying to organize this employer the way they go after Wal-Mart.

    So if you see a business owner mistreating his employees, carefully consider how they will treat you.

    (3) 9 Total Votes - 6 up - 3 down
    • Slowerfaster says:

      Oh , BALONEY. Most ‘business’ owners treat everyone like their goods..Commodities. When it comes to employees, they would prefer if they were slaves.

      You reference “Go after Wal-Mart”.

      Do you know how BAD Walmart is ? You gloss over it. These are alcoholic PIGS that KILL the people that work for them. Absolutely the WORST corporation now on the planet. They discriminate and take out ‘dead peasant’ insurance policies that pay them when an employee dies.

      Walmart Kills Americans. You down with that ?

      (2) 10 Total Votes - 6 up - 4 down
      • Typoqueen says:

        Is Walmart still writing their employees wills and making themselves the beneficiaries without the employees knowing about it? What a douchebag company Walmart is.

        (0) 4 Total Votes - 2 up - 2 down
    • MrWitness says:

      All of these 58 as of 12/16/11 are off base. I was there! The employees in this case are wrong! All are paid! The National Labors Union while working through CalTrans infiltrated the company, told the employees to lie, utilized their financial might to strong arm this business through the liberal agenda of the NLRB.

      Employees were terminated for completely unrelated matters. Really. The union vote after the union wined and sinned with the employees for months prior to the election, threatened and intimidated other employees and company administrative staff, the union was removed from Jockos after an attack, only won by 2 votes – brothers.

      All the union cares about are dues, health plan accounts and pension accounts. Now Planet Earth Landscape a long time non union company is bankrupt after a long hard fight which was abuse of federal power. The NLRB and Union employees continue to this very day harrass this owner in violation of the automatic stay in bankruptcy under 11 USC 362.

      Just another example of our failed system!

      I hope all of you recognize you need to research prior to your insults. Another American Business taken out by our government policies. Not anti anything just a fact of an internal directive. This comment is retornicle because you can not reply until you understand; unions, NLRB, us district federal court system, bankruptcy law, employment law (which includes employer rights), self employment, wealth, the constitution of our great nation and the facts – A to Z.

      (-2) 2 Total Votes - 0 up - 2 down
  3. Maxfusion says:

    “Society receives its momentum from power.” Louis Blanc

    “This will remain the case so long as human beings with feelings continue to remain passive; so long as they consider themselves incapable of bettering their prosperity and happiness by their own intelligence and their own energy; so long as they expect everything from the law; in short, so long as they imagine that their relationship to the state is the same as that of the sheep to the shepherd. ”
    Federic Bastiat

    (2) 6 Total Votes - 4 up - 2 down
  4. Cindy says:

    It would appear that Slanders and I ran out of room for me to continue our debate. I am making it clear right now that Slanders last post (to me) is nothing but a “PUNT’ because he is absolutely WRONG and he knows he clearly can not make his case in the fashion that he has attempted to argue it.

    (-11) 13 Total Votes - 1 up - 12 down
    • Maxfusion says:

      Although I disagree with Slanders union stance, his eloquence in stating his point doesn’t strike me as a “punt”.

      (11) 13 Total Votes - 12 up - 1 down
      • Cindy says:

        How about now, would you agree that was nothing but a “punt”?

        (-12) 14 Total Votes - 1 up - 13 down
    • Ted Slanders says:

      Cindy,

      Assuming as a premise, the conclusion in which you wish to reach, AGAIN? lol

      My dear Cindy, what part of the following statement that I made in my last post to you that you don’t understand? “… I refuse to take any further time with you because of your lack of comprehension, and that you only want the facts that you present to substantiate your otherwise “sandcastles of speculation!”

      Cindy, in the name of my Christian God, I have bigger fish to fry than your minnow status. Besides, you do not have the acumen to have any further discourse with me, and like individuals, that have forgotten more about logic 101 and reading comprehension than you’ll ever know in your lifetime.

      Work on your syntactical sentence structuring and the correct usage of words of the English language. It will bode you well as being somewhat educated when you try, although in vain at times, to substantiate your otherwise weak assertions. You’re welcome.

      (6) 22 Total Votes - 14 up - 8 down
      • Cindy says:

        I don’t have the time right now to document the many errors in your previous posts where English usage and punctuation is concerned. I promise to get to it by tomorrow evening. If I don’t find a minimum of at least 10 dumb @ss errors (of yours), I won’t mention any, how’s that?

        (-14) 18 Total Votes - 2 up - 16 down

Comments are closed.