Cleaners at American Dream fired for union activity must be rehired, NLRB says

Two former cleaning staff members at the American Dream mall in East Rutherford who said they were fired for trying to organize a union must be reinstated, a three-judge panel has ruled.

Previously, the National Labor Relations Board sided with the two former workers, Jose Terán and Luis Valera, who were employed by HSA Cleaning Inc., a company contracted for cleaning services at the Meadowlands megamall.

A three-judge NLRB panel handed down the decision on Friday saying Terán and Valero must be rehired with back pay, after the two alleged they were fired for talking to representatives from the 32BJ Service Employees International Union in their labor organization bid. The order was first reported by Bloomberg Law.

The order says HSA Cleaning has 14 days to rehire the workers at the same or a similar position.

HSA has to post information at its East Rutherford facility outlining employee unionization rights and the fact that Terán and Valera were unlawfully terminated, the order states.

“Knowing that cleaners have the right to defend themselves and demand dignified treatment in their workplaces, and the right to be represented by a union, is deeply inspiring,” Valero said last year after the decision by Kevin McNulty, a federal judge, to reinstate the workers.

“Terán and Valera’s victory is a victory for any working person who stands up for their rights to organize,” said Kevin Brown, New Jersey director for 32BJ SEIU. “With this ruling, a blow has been struck for labor organizing and a message has been delivered to HSA: Wanton violation of our nation’s labor laws won’t be tolerated.”

In a petition, the NLRB argued that the termination of Varela and Terán would undermine existing efforts at American Dream to form a union by killing any morale to do so.

Dispute over intent

But John Vreeland, an attorney for HSA with the law firm Jackson Lewis, argued during an hourlong hearing before McNulty last summer that the two were let go as part of a reduction in force, not because of their desire to form a union.

He pointed to 25 people who were let go and previous testimony that painted a picture of Varela and Terán as difficult to manage and not doing their jobs.

McNulty disagreed, saying in his opinion that there were clear examples from the National Labor Relations Board of HSA Cleaning trying to terminate Varela and Terán for their union activities

"Varela also engaged in protected activity when he objected to a supervisor beginning a meeting early," McNulty wrote. "The close timing between the union entering the workplace and HSA's employment suggests that their terminations were motivated by their union activity."

"The evidence also sufficiently suggests that HSA had knowledge of Terán's and Varela's interactions with the union," he continued.

An individual listed by the NLRB as the contact for HSA Cleaning terminated the call when reached by phone for comment and did not respond to a voicemail seeking comment.

Vreeland could not be immediately reached by email on Monday morning. A spokesperson for the American Dream mall declined to comment.

Daniel Munoz covers business, consumer affairs, labor and the economy for NorthJersey.com and The Record.

Email: munozd@northjersey.com; Twitter:@danielmunoz100

This article originally appeared on NorthJersey.com: American Dream workers fired for union activity must be rehired