Word: malines
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Dates: during 1980-1989
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Through all of these episodes, Malin managed to hold on to his job. But on Feb. 1, 1979 --20 days after submitting to the MGH trustees a notice of intent to unionize--the hospital suspended him for alleged insubordination. Malin filed his 11th charge against McLean...
McLean took issue with Malin's refusal to answer questions--without first consulting a lawyer--about his visit to McLean with an NLRB attorney 54 days earlier. He had brought the Labor Board representative to see the physical set-up of the hospital in preparation for an upcoming trial. This trial was based on NLRB charges Malin had filed from September 1977 to January 1978 against the hospital. According to labor law, a worker has a right to have a witness at an interview with an employer when he has a reasonable apprehension that disciplinary action may follow...
...Malin was on his own, unemployed but determined to see through his charges against McLean. In a coup de grace, McLean filed a notice with the state Division of Employment Security, preventing Malin from collecting unemployment insurance. In such a situation, governmental action to secure immediate reinstatement is, by its nature, the most effective remedy to protect violation. Without such action, the victimized worker faces financial hardship in pursuing the case. Furthermore, the co-workers in these circumstances are naturally reluctant to speak out about their working conditions for fear they will lose their jobs. But according to Howard...
...person in Malin's position, the system is clearly stacked against him. The process of gathering evidence and building a legal case to support an NLRB charges takes a great deal of effort; Malin spent more than two months without any income, working full time to put together evidence and legal arguments for the Labor Board...
...When Malin's discharge case finally came to trial last December, all witnesses received compensatory fees and travel allowances--except the charging party, Malin, whose months of preparation and attendance at the trial effectively precluded him from holding any employment. Malin has heard of cases where the charging party chose not to proceed with the trial because he couldn't afford to costs...