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Union: Man Fired For Organizing Kenilworth Care Workers
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Published: March 1, 2009
SEBRING - Stanley Massaline has spent his adult life - 29 years - cooking in the cafeteria for the Kenilworth Care & Rehabilitation Center. But two weeks ago, he was terminated.
Massaline was told he was laid off. But his United Food & Commercial Workers Union representative, Glenn Harris, says Massaline was fired for organizing the rest of the Kenilworth Care workers.
A call on Friday to get Kenilworth Care's side of the story was not returned by Administrator James Baker before press time.
"This is the proof," said Harris, director of organizing for Local 1625. He held up a four-page document Massaline was required to sign, if he wanted to accept six weeks severance pay - almost $3,000.
"I didn't sign it," said Massaline. Instead, he took the document and left, and provided a copy when he and Harris contacted Highlands Today.
"You agree that you will not re-apply for employment with the Company or any of its affiliates and, if you should do so, the Company and its affiliates shall be entitled to reject your application for employment with impunity and shall not be liable for claims based on such rejection including, without limitation, a claim for rejection."
"If he had been laid off," Harris pointed out, "he would have been eligible for re-employment."
On the same day Massaline was terminated, Harris filed a complaint with the National Labor Relations Board, alleging unfair labor practices. Harris wants Massaline rehired, with back pay. While companies are entitled to discourage unions, Harris said it is illegal to fire a worker for organizing.
Another clause in the termination contract caught Harris's eye: "This release means you are forever releasing and relinquishing the Releasees from any rights you have to relief of any kind, including without limitation, any right to relief you may have under the federal Americans with Disabilities Act, the federal Civil Rights Act if 1964, or any other federal, state, or local statute, ordinance, regulation, law or precedent."
Whatever happens with Massaline, Harris said an election will be held at the Kenilworth Care learning room from 6 a.m. to 8 a.m. and from 2 p.m. to 4 p.m. Friday, March 20.
About 70 certified nursing assistants, restorative aides, food workers, housekeepers, laundry aides, central supply clerks, rehab techs, activities and maintenance assistants will be allowed to cast ballots, Harris said. Massaline had signatures from about 50 of them before he was terminated, he said.
"Your vote is secret and protected by the federal government," Harris told workers in flyers posted at the facility.
After he was terminated, Harris said company officials told co-workers Massaline was let go because he is illiterate. Massaline said the issue had never been brought up before.
"He didn't just forget how to read," Harris said. "But it was okay for 29 years. He was fired for union activities."
Highlands Today senior reporter Gary Pinnell can be reached at 863-386-5828 or gpinnell@highlandstoday.com
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