EI appeal disputes worker's firing
Company says White was fired for insubordination
ENDICOTT -- Endicott Interconnect is appealing a National Labor
Relations Board directive ordering it to rehire Rick White, disputing
the finding that he was fired for union activities.
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That means White's reinstatement at the
company has been put on hold while the case winds its way through the
United States Court of Appeals in Washington D.C.
James F. Sullivan, vice
president of human resources at Endicott Interconnect, confirmed on
Tuesday that the company had initiated an appeal of the ruling forcing
the company to rehire White. He declined further comment.
"Realistically, I expected
that they would appeal," White said Tuesday from the Endicott offices
of Alliance@IBM, which spearheads an effort to unionize workers at
Endicott Interconnect and IBM Corp. "I would love to have my job back.
It could be a great company to work for. They're doing state-of-the-art
stuff. I don't think they want me."
After the NLRB issued the
ruling in September, the only option for Endicott Interconnect other
than rehiring Rick White and compensating him for three years of lost
salary and benefits, was to appeal the 2-to-1 decision against the
company to the federal Court of Appeals.
It's unclear how long the
appeals process could take. In its response, lawyers for the labor
relations board, which represents White, asked the court to enforce its
order against the company.
Endicott Interconnect has
repeatedly argued that White was fired for insubordination. They say he
directly disobeyed orders from the company's executives to halt his
public criticism of the company.
This is the second appeal for Endicott Interconnect. It first appealed an administrative judge's 2003 ruling in White's favor.
When the full NLRB decision
was first released last month, Sullivan hinted that the company was
leaning toward appeal because the sole vote against White's
reinstatement came from the NLRB commissioner who had a strongly worded
minority opinion in support of the Endicott Interconnect's argument.
In the 2-to-1 ruling, the
board said White's comments about the company in two public forums were
protected in his capacity as a union organizer, and the company could
not use the comments as basis for his firing. White, an engineering
technician, had transferred to Endicott Interconnect in November 2002
after 28½ years with IBM.
The company dismissed White in December 2002, one month after taking over the Endicott microelectronics operations of IBM Corp.
White openly questioned
management's decision to lay off 200 people two weeks after taking over
operations from IBM. The company said his critical statements
undermined the company's credibility. White claimed his statements were
made to present the union's side of the argument against the layoffs.
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