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An NLRB administrative regulation decide has dominated that two Hallmark film productions violated federal labor regulation in 2021 when 9 of its drivers have been interrogated about their union actions, have been threatened with job loss, and have been then fired for making an attempt to unionize the initiatives beneath a Teamsters Native 399 contract.
The case stems from unfair labor practices fees filed by Native 399 towards 3484 Inc. and 3486 Inc., the businesses that produced Christmas on the Madison and Love on the Pecan Farm.
Following a three-day listening to, NLRB Administrative Regulation Decide Gerald Etchingham dominated that the employers’ representatives violated a number of sections of the Nationwide Labor Relations Act by making an attempt to forestall them from unionizing after which firing them for placing and picketing the productions.
In his ruling, the decide had notably harsh phrases about David Wulf, the proprietor of 3484 Inc. and 3486 Inc. The decide discovered that in Wulf’s testimony, he was “evasive and untruthful in a lot of his statements and opinions to the purpose that he was not a reputable witness and couldn’t be relied on for many of his testimony.”
Wulf, the decide wrote, additionally “lied” about whether or not or not his transportation coordinator had hiring and disciplinary authority, and that he “lied” when he accused Lindsay Dougherty, who was then a Native 399 enterprise rep and is now its chief govt officer, of sending Wulf “threatening and intimidating emails telling him he was going to have a foul day when, actually, all Daugherty stated to Wulf was that ‘it sounds such as you had a very arduous day yesterday.’ “
Learn the decide’s full ruling right here.
Commenting on the ruling, Joshua Staheli, vp of Teamsters Native 399 stated, “This isn’t the primary time we have now seen Hallmark motion pictures painting romantic, fairytale-eques storylines, whereas behind the scenes, the crew plot line relies in horror. Whereas the drivers have been on strike, lots of the crew got here out and confirmed their assist hoping they may have the ability to get well being advantages out of David Wulf if the Teamsters have been capable of get a contract. It takes loads of guts for a employee to face up and battle again inside their authorized rights within the office. I’m happy with these drivers for giving Hallmark and David Wulf a significantly better story to inform.”
In his ruling, the decide order the manufacturing firms, which went out of enterprise as quickly because the movies have been accomplished, to “stop and desist from Interrogating workers about which workers supported the union; interrogating workers and creating an impression amongst its workers that their union actions have been beneath surveillance; threatening workers that (Love on the Pecan Farm) will shut down and transfer its enterprise to Canada or elsewhere if workers selected to be represented by the union or continued participating in union exercise.”
Native 399’s Staheli, nevertheless, stated that “Sadly, the productions have each concluded. Although a victory for the legality of working individuals and the precise to arrange, justice could by no means be totally served on this case ought to the employees by no means be compensated for what’s owed. I take a look at this win nevertheless extra as a warning for dangerous employers that undermine the authorized rights of staff looking for union illustration. Wulf and all bad-actor employers ought to take notice that the regulation isn’t on their facet in the case of intimidation and threats towards organizing staff.”