POLITO & SMOCK: NLRB ORDERS UMWA TO REMOVE STRIKE PAY REIMBURSEMENT PROVISION
POLITO & SMOCK: NLRB ORDERS UMWA TO REMOVE
STRIKE PAY REIMBURSEMENT PROVISION
PITTSBURGH, Nov. 12 /PRNewswire/ -- Polito & Smock, P.C. today announced that it won a ruling from the National Labor Relations Board (NLRB) against the United Mine Workers of America (UMWA) to remove the reimbursement provision in its Selective Strike Assistance Program.
The provision required members, who chose to resign from union membership and return to work during a strike, to repay all money they had previously received from the UMWA Strike Fund, including the cost of medical care.
The Pittsburgh-based law firm, which argued the case on behalf of two clients, Valley Coal Company and Aloe Coal Company, said this ruling may have far reaching implications for employers nationwide.
"In its decision, the NLRB found that this provision illegally restricts employees who wish to resign from union membership and return to work. We view this as a victory for all UMWA members. Workers now have the right to freely choose whether they wish to continue to strike or return to work without fear of having to pay back substantial sums of money to the UMWA," said Thomas A. Smock of Polito & Smock.
The NLRB ruled that the reimbursement provision violated Section 8(b)1(A) of the National Labor Relations Act and ordered the UMWA to remove the language from its Selective Strike Assistance Program and refund with interest any money collected from employees who had received funds during a strike and who later elected to resign their union membership and to return to work during the strike.
Polito & Smock, P.C., a Pittsburgh-based labor and employement law firm, provides a full range of services with emphasis on the complex and contentious issues facing business and industry today.
/CONTACT: George Basara of Polito & Smock, 412-392-3500/ CO: Polito & Smock, P.C.; United Mine Workers of America ST: Pennsylvania IN: MNG SU: PT -- PG001 -- 3318 11/12/91 09:15 EST