Ley v. Novelis Corporation
Defendant: Novelis Corporation
Petitioner: Rhonda P. Ley
Movant: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied-Industrial and Service Workers International Union, AFL-CIO, CLC
Intervenor: Richard Farrands, John Tesoriero, Michael W. Malone, Andrew Duschen, Jason McDermott, William Robinson, Stephen Wheeler and Brian Wyman
Case Number: 5:2014cv00775
Filed: June 25, 2014
Court: US District Court for the Northern District of New York
Office: Syracuse Office
County: Oswego
Presiding Judge: David E. Peebles
Presiding Judge: Gary L. Sharpe
Nature of Suit: Labor/Management Relations
Cause of Action: 29:160
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
September 4, 2014 Opinion or Order Filing 73 MEMORANDUM-DECISION and ORDER - ORDERED that Ley's petition (Dkt. No. 1) is GRANTED IN PART as follows: 1.Novelis, its officers, representatives, agents, servants, employees, attorneys, successors and assigns, and all persons actin g in concert or participation with it, pending final disposition of the matters involved herein pending before the NLRB, is enjoined and restrained from: (a)Threatening employees with plant closure if they select the Union as their bargaining representative; (b)Threatening employees with a reduction in wages if they select the Union as their bargaining representative; (c)Threatening employees with more onerous working conditions, including mandatory overtime, if they select t he Union as their bargaining representative; (d)Disparaging the Union by telling employees that the Union is seeking to have Novelis rescind their pay and/or benefits; (e)Disparaging the Union by telling employees that they woul d have to pay back wages retroactively as a result of charges filed by the Union; (f)Threatening employees that Novelis would lose business if they select the Union as their bargaining representative; (g)Threatening employees wi th job loss if they select the Union as their bargaining representative; (h)Interrogating employees about their union membership, activities, and sympathies; (i)Interrogating employees about the union membership, activities and sym pathies of other employees; (j)Coercing employees by asking them how to vote if they do not want the Union; (k)Threatening employees by telling them that they did not have to work for Novelis if they are unhappy with their terms and condi tions of employment; (l)Prohibiting employees from wearing union insignia on their uniforms while permitting employees to wear anti-union and other insignia; (m)Promulgating and maintaining rules prohibiting all postings, distribution and solicitation related to Section 7 activities; (n)Maintaining a rule that prohibits employees from posting, soliciting and distributing literature in all areas of Novelis premises; (o)Selectively and disparately enforcing Novelis postin g and distribution rules by prohibiting union postings and distributions while permitting nonunion and anti-union postings and distributions; (p)Granting wage and/or benefit increases in order to discourage employees from supporting the Union ; (q)Soliciting employees' complaints and grievances and promising employees improved terms and conditions of employment if they did not select the Union as their bargaining representative; (r)Demoting employees because they engaged in pro tected concerted and/or Union activity; (s)Maintaining and giving effect to its overly broad unlawful social media policy; (t)In any like or related manner interfering with, restraining or coercing employees in the exercise of right s guaranteed them under Section 7 of the NLRA. 2.Novelis, its officers, representatives, agents, servants, employees, attorneys, successors and assigns, and all persons acting in concert or participation with it, pending final disposition of the matters involved herein pending before the NLRB, is directed to: (a)Within five (5) days of this order, restore Everett Abare to the position that he previously held at his previous wage and other terms and conditions of employment; (b)Post copies of the courts order at Novelis Oswego, New York, facility where notices to employees are customarily posted, those postings to be maintained during the pendency of the NLRBs administrative proceedings free from all obstructions and de facements; all unit employees shall have free and unrestricted access to said notices; (c)Grant to agents of the NLRB reasonable access to Respondents Oswego, New York, facility in order to monitor compliance with this posting requirement; (d)Within ten (10) days of the date of this order, convene the bargaining unit employees during working time at Novelis Oswego, New York, facility, at a meeting or meetings at times and places scheduled to ensure maximum possible attendance, whereup on Phil Martens or Chris Smith, in the presence of an NLRB Agent, will read the courts order to employees, or at Novelis option, have an NLRB Agent read the order in Phil Martens or Chris Smiths presence;(e)Within twenty one (21) days of the issuance of the courts order, file with the court and submit a copy to the Regional Director of Region Three of the Board, a sworn affidavit from a responsible official of Novelis setting forth, with specificity, the manner in which Novelis has complied with the terms of this decree, including how it has posted the documents required by the court's order. ORDERED that Ley's petition (Dkt. No. 1) is DENIED in all other respects. Signed by Chief Judge Gary L. Sharpe on 9/4/2014. (jel, )
July 29, 2014 Opinion or Order Filing 58 SUMMARY ORDER - That the motion to intervene of John Tesoriero, Michael Malone, Richard Farrands, and Andrew Duschen (Dkt. No. 29) is DENIED. That the motion to intervene of Jason McDermott, William Robinson, Stephen Wheeler, and Brian Wyman (Dkt. No. 51) is DENIED. That the parties shall advise the court, within two (2) days of the date of this Summary Order, whether or not they still seek the court's approval of their joint proposed stipulation, and what, if any, further rulings are nec essary on, among other things, Ley's motion to determine the petition on the basis of affidavits and documentary evidence subject to a protective order, (Dkt. No. 2), and Ley's motion for a protective order limiting discovery, (Dkt. No. 23). Signed by Chief Judge Gary L. Sharpe on 7/29/2014. (jel, )
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Petitioner: Rhonda P. Ley
Represented By: Mary Elizabeth Mattimore
Represented By: Linda M. Leslie
Represented By: Lillian Richter
Represented By: Nicole Roberts
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Defendant: Novelis Corporation
Represented By: Kenneth L. Dobkin
Represented By: Robert T. Dumbacher
Represented By: Edward G. Melvin
Represented By: Kurtis A. Powell
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Movant: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied-Industrial and Service Workers International Union, AFL-CIO, CLC
Represented By: James R. LaVaute
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Intervenor: Richard Farrands
Represented By: Louis P. DiLorenzo
Represented By: Thomas G. Eron
Represented By: Tyler T. Hendry
Represented By: Peter A. Jones
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Intervenor: John Tesoriero
Represented By: Louis P. DiLorenzo
Represented By: Thomas G. Eron
Represented By: Tyler T. Hendry
Represented By: Peter A. Jones
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Intervenor: Michael W. Malone
Represented By: Louis P. DiLorenzo
Represented By: Thomas G. Eron
Represented By: Tyler T. Hendry
Represented By: Peter A. Jones
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Intervenor: Andrew Duschen
Represented By: Louis P. DiLorenzo
Represented By: Thomas G. Eron
Represented By: Tyler T. Hendry
Represented By: Peter A. Jones
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Intervenor: Jason McDermott
Represented By: Kenneth L. Wagner
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Intervenor: William Robinson
Represented By: Kenneth L. Wagner
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Intervenor: Stephen Wheeler
Represented By: Kenneth L. Wagner
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Intervenor: Brian Wyman
Represented By: Kenneth L. Wagner
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