b'You Quit? Thats An Unfair Labor Practice Says NLRBBy: DARRELL VANDEUSEN, KOLLMAN & SAUCIER, P.A.The National Labor Relations Board (NLRB) cameseriousshortcomings.Withintherstyearof out with a bunch of year-end decisions, some ofemploymentHeidenreichwasplacedona whichwerebloggedaboutbymyfriendanddevelopmentplanaimedatimprovinghis partner Eric Paltell on this site a couple of weeksemotional intelligence and interpersonal skills.ago. Put gently, none of these decisions could be consideredemployer-friendly. HeresanotherBeginning in late 2019, Heidenreich and some co-one. workersmetmonthlyatacigarclubtodiscuss workplaceconcerns,includingcomplaintsabout On its last day before the winter break, the NLRBthings like micromanagement and nepotism.The held,ina2-1decision,thatanemployergroupdecidedtopresenttheseissuesata committedanunfairlaborpractice(ULP)bycompanycoeechatsponsoredbyHR. refusing to rescind the resignation of a salesmanHeidenreichcounseledtwoemployeeswho whosaidhequitafterlosingoutonaattended the cigar club meetings to bring their promotion.Cintas Corp. No. 2, 372 NLRB No. 34concernstomanagement. InMarch2020he (28-CA-258167,12/16/22). Instead,theBoardraised concerns during a HR coee chat.majorityfoundthatthecompanyredBenjamin Heidenreich because of his workplace activism. InAtaboutthesametime,Heidenreichand dissent,memberRingcalledthemajoritysSummers were competing for a promotion to sales decision divorced from reality. manager. Summers withdrew her application and led a complaint against Heidenreich, alleging that Heidenreichwasoneofthecompanysmorehe was talking badly about her and manipulating productivesalesrepresentatives. Itwasaincidents to win the job.competitiveenvironment,withalotofco-worker toco-workertoxicity. Inparticular,therewereTwoweekslater,Heidenreichlearnedthathe issuesbetweenHeidenreichandanothersaleswould not get the promotion. Heidenreich told his rep, Lindsey Summers. manager that he disagreed with the decision not to promote him. He continued that he knew he Athirdco-worker,KevinJohnson,privatelytoldwouldnotbeselectedbecausepeoplein SummersthathercompetitionwithHeidenreichleadershiptalkandthisisatightcommunity. was toxic on both ends. On Heidenreichs end,Hismanagerresponded:Thatspartofyour JohnsonsaidthatHeidenreichwasactinglikeaproblemyou talk to too many people.tyrant and was being sneaky in competing for the job. On Summers end, Johnson told her thatHeidenreichrespondedbytellingamanagerhe she was believed to be the next level managerswouldnt work underneath whoever you bring inspyandwarnedhertobecarefulabout snitching. While Cintas recognized Heidenreichs excellentskillsasasalesman,italsosawhis Midwest Drycleaning & Laundry Institutewww.MWDLI.org/ 800-638-2627 10\x00'