ESL Teachers Unite !: ALJ Decides Unlawful Termination Case in EF International Hearing

Sunday, April 12, 2015

ALJ Decides Unlawful Termination Case in EF International Hearing

http://www.nlrb.gov/sites/default/files/attachments/region-page/region-20/Region%2020,32,%20SubRegion37%20Newsletter%20Fall%202014.pdf

ALJ Decides Unlawful Termination Case in EF International Hearing Testimony via International Video Conferencing San Francisco, CA – The General Counsel brought a complaint against EF International Language Schools, Inc. (EF), alleging that EF terminated the Charging Party because of her protected, concerted activities, and threatened her with unspecified reprisals if she continued to engage in such actions that included her speaking out about teachers’ terms and conditions of employment at meetings and in group emails. During the trial, the NLRB for the first time in the Agency’s history conducted a trial examination of a witness via international video conferencing. The administrative law judge found that EF violated the NLRA and ordered that it cease and desist from threatening or discharging employees for their protected, concerted activities. The administrative law judge also ordered that EF offer full reinstatement to the Charging Party and make her whole for any loss of earnings or other benefits suffered as a result of her unlawful termination. Finally, the administrative law judge determined that the witness’s testimony obtained via international video conferencing could be evaluated on an equal footing with the testimony of witnesses appearing in person at the hearing. This case was investigated and tried by Region 20 Field Attorney Jason Wong.

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NLRA List of Unfair Labor Practices

Under section 8, the law defines a set of prohibited actions by employers, employees, and unions, known as an unfair labor practice.The first five unfair labor practices aimed at employers are in section 8(a). These are,

(a)(1) "to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7". This includes freedom of association, mutual aid or protection, self-organization, to form, join, or assist labor organizations, to bargain collectively for wages and working conditions through representatives of their own choosing, and to engage in other protected concerted activities with or without a union.
(a)(2) "to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it"
(a)(3) "by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization"
(a)(4) discriminating against employees who file charges or testify.
(a)(5) refusing to bargain collectively with the representative of the employer's employees.

In addition, added by the Taft-Hartley Act 1947, there are seven unfair labor practices aimed at unions and employees.

Election of bargaining representatives

Main article: NLRB election procedures

Under section 9 (29 U.S.C. § 159) the people elected by a majority of the workforce have the right to become the exclusive representatives of workers in collective bargaining with the employer.

San Francisco's For-Profit ESL Schools

Academy of Art

MANY locations in San Francisco

AAE (American Academy of English)

530 Golden Gate Ave. (x Polk St.), SF, 94102

Advance English Academy

1370 Mission St. (x 10th St.), SF, 94103

Berlitz San Francisco Learning Center

291 Geary St. (x Powell St.), SF, 94102

Brandon College

944 Market St. (x Mason St.), SF, 94102

Converse International School of Languages

605 Market St. (x 2nd St.), SF, 94105

EC English Language Centres

100 Montgomery St. (x Sutter St.), SF, 94104

EF International Language Center

2748 Hyde St. (x Beach St.), SF, 94109

ELS Language Centers

536 Mission St. (x 1st St.), SF, 94105

Embassy CES

800 Market St. (x 4th St.), SF, 94102

English Language Institute (ELI)

4301 Geary Blvd (x 7th St.), SF, 94118

GEOS English Academy San Francisco

1 Sutter St. (x Market St.), SF, 94104

Hult International Business School

1355 Sansome St. (x Greenwich St.), SF, 94111

ILSC Language Schools

1 Embarcadero Ctr, SF, 94111

Intrax International Institute (Stafford House)

417 Montgomery St. , SF, 94104

Kaplan International College

149 New Montgomery St. (x Natoma St.), SF, 94105

Olivet University

1025 Howard St. (x 6th St.), SF, 94103

St Giles San Francisco

785 & 759 Market St. (x 4th St.), SF, 94103

Transworld Schools

551 Sutter St. (x Taylor St.), SF, 94109

CCSF's Faculty Union

AFT 2121 is the faculty union at City College of San Francisco. We represent full- and part-time counselors, librarians, and instructors. Through 35 years of collective bargaining, our contract has emerged as a nationally recognized model for:

Equity and respect for part-time faculty, including prorata pay, health benefits, and reemployment rights.

The protection and growth of the college’s full-time faculty core, creating full-time faculty through consolidation of positions.

Improved funding and equity for noncredit programs and noncredit faculty.

These changes created a more stable faculty, greater access for students, and the ability for faculty to contribute more to the College.

Saul Alinsky's Rules (Abbreviated / Paraphrased)

Power is derived from 2 main sources – money and people. “Have-Nots” must build power from the people.
Feeling secure adds to the backbone of anyone.
Don't be intimidated by the corporation. Find its weaknesses and exploit them.
Make the corporation live up to its own book of rules. Examine handbooks and all other books of rules closely. If there is a rule that every letter gets a reply, send 30,000 letters.
Ridicule is man’s most potent weapon. It can be easy with companies who so flagrantly disregard their workers rights. Point out all their riches while the workers are struggling to pay their rent.
Use tactics that bring joy to those who employ them. They’ll keep doing it without urging and come back to do more. They’re doing their thing, and will even suggest better ones.
A tactic that drags on too long becomes a drag. Don’t become old news.
Keep the pressure on. Never let up. Keep trying new things to keep the corporation off balance. As the corporation masters one approach, hit them from the flank with something new.
The threat is usually more terrifying than the thing itself. Not to mention the bad press that comes with it. The corporation is a paper tiger. In actuality, it is more vulnerable than any worker. Bad press can ruin it.
Constant pressure on the corporation is essential for success. Anyone wanting to give up is accepting that the corporation is right in its tactics of exploitation.
The public sympathizes with the underdog. The workers have an advantage.
Never let the enemy score points because you’re caught without a solution to the problem.
Pick the target and expose it.

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Sunday, April 12, 2015

ALJ Decides Unlawful Termination Case in EF International Hearing

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