NLRB Rules Against JPL on HSPD-12 Actions

Caltech Faulted for Unfair Labor Practices at NASA's Jet Propulsion Laboratory

"National Labor Relations Board Administrative Law Judge William G. Kocol has found the California Institute of Technology engaged in unfair labor practices at the National Aeronautics and Space Administration's Jet Propulsion Laboratory in Pasadena, CA. Caltech administers JPL under contract with NASA. In 2011, Caltech issued letters of highest level disciplinary reprimand to five JPL employees because they used JPL's internal email system to discuss the implications of a recent Supreme Court ruling on the working conditions at JPL. The five employees had been plaintiffs in the Supreme Court case."

Full NLRB decision (worth reading by all NASA employees)

"I reject JPL's contention that it had no choice but to comply with NASA's directives. I start by pointing out that HSPD 12 was not specific as to how the Government was to implement the directive. Other departments in the Government, according to the employees, implemented it a manner less invasive of the privacy of their employees. And the NASA badging requirements morphed and evolved, apparently in response to the concerns voiced by 30 the employees. Finally, there is no evidence that JPL itself could not have sought to influence NASA to address some of the concerns of its employees. NASA and JPL chose the manner in which they implemented HSPD 12 and some employees concertedly complained and sought to change it. The employees have a Section 7 right to do so."

"By issuing written warnings to Robert Nelson, Dennis Byrnes, Scott Maxwell, Larry D'Addario, and William Bruce Banerdt because they engaged in protected, concerted activities, the Respondent has engaged in unfair labor practices affecting commerce within the meaning of Section 8(a)(1) and Section 2(6) and (7) of the Act. Having found that the Respondent has engaged in certain unfair labor practices, I shall order it to cease and desist therefrom and to take certain affirmative action designed to effectuate the policies of the Act."

Keith's note: Of course NASA and JPL will appeal this decision. It would be interesting to see how much they will pay the lawyers (and who pays for those lawyers) who seek to oppose the rights of employees.

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