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Law360 (April 3, 2020, 5:04 PM EDT ) The International Brotherhood of Teamsters AFL-CIO filed an unfair labor practices charge against Cort Business Services Corp. alleging the furniture rental giant fired 19 employees at a New Jersey warehouse because they complained about purported COVID-19 precaution shortfalls and were planning to unionize, the union said Thursday.
Management at Cort's North Bergen location told the 19 impacted workers that there was no work due to the coronavirus pandemic, but the terminations were really just retaliation for speaking up about poor pandemic safety practices and for signing cards to unionize, according to an announcement by Teamsters Joint Council 16.
The charge was filed by Local 814, which represents New York-area movers, art handlers, and warehouse and racetrack workers. The fired Cort employees were drivers, helpers and warehouse workers, according to the union.
"Companies like Cort cannot be allowed to retaliate against workers who are speaking up to help stop the spread of this virus — the chilling effect of that could be deadly," Julian Tysh, the union's political coordinator, said in a statement.
According to a timeline in the union's March 31 charge filed with the National Labor Relations Board, the union filed an election petition with the NLRB on March 10 and Cort began diverting bargaining unit work to outside vendors on March 13.
Management fired the workers March 27, saying the pandemic slowed down business, but the company continued to use subcontractors, according to the union.
Also, the workers claimed the company didn't provide any personal protective equipment like gloves and goggles until March 20. However, many said the gloves were too small and tore when worn, the union said.
Cort also allegedly disregarded social distancing recommendations because groups of about half a dozen employees were being ordered to attend meetings in which management discouraged unionization, the union claimed.
The employees were "largely ignored" when they asked for better protective gear and new protocols on distancing and other safety measures, according to the union.
Cort, which is owned by Warren Buffett's Berkshire Hathaway, said on its website that it closed its showrooms on March 20 but has kept its distribution centers open for essential services like deliveries and pickups.
The website notice also said the company has instituted a four-day workweek "to help balance the personal needs of our team."
A representative for Cort didn't immediately respond to a request for comment.
The union is represented by Joseph J. Vitale of Cohen Weiss and Simon LLP.
Counsel for Cort wasn't available.
The charge is before the National Labor Relations Board.
--Editing by Bruce Goldman.
For a reprint of this article, please contact reprints@law360.com.
