NLRB: Hale Nani “was not privileged to ban employees from wearing their red shirts”

Since December 2015, the workers at Avalon Hale Nani have been fighting for more staffing to better care for their kupuna residents. On paydays, Hale Nani has a policy whereby workers are allowed to wear street clothes to work, including t-shirts with logos of all kinds and sizes. On the March 16 payday, workers wore red Union t-shirts that read, “Our Kupuna Deserve Better. Hale Nani: Better Staffing Now!” on the front with the Local 5 logo on the back. Managers threatened workers with termination and refused to let workers work with their t-shirts because it had the Union logo on it. The Employer sent workers home and then filed an unfair labor practice (ULP) charge with the National Labor Relations Board (NLRB) claiming the Union had conducted and unlawful work stoppage.

On May 27, 2016, the NLRB dismissed Hale Nani’s charge against the Union. The NLRB determined that the Hale Nani “was not privileged to ban employees from wearing their red t-shirts” because the message on the t-shirts worn by Hale Nani employees “was not inherently disruptive to Hale Nani patient care and does not send a clear message of danger…”

Local 5 also filed four ULP charges against the Hale Nani which the NLRB is currently investigating. The Union alleges that Hale Nani unlawfully terminated a Union supporter; unlawfully surveilled, interfered with and threatened employees participating in union activity; and unlawfully changed work rules.

Great job to the Hale Nani workers for standing up for their rights!