Jane Richards was employed as the sole crane operator of Gale Corp. and held the part-time union position of shop steward for the plant. On May 15, Richards complained to OSHA concerning what she contended were seven existing violations of the Occupational Safety and Health Act that were brought to her attention by members of the bargaining unit. On May 21, she stated to the company’s general manager at a negotiating session: “If we don’t have a new contract by the time the present one expires on June 15, we will strike.” On May 22, an OSHA inspector arrived at the plant, and Richards told her supervisor, “I blew the whistle.” On May 23, the company rented and later purchased two large electric forklifts that were used to do the work previously performed by the crane, and the crane operator’s job was abolished. Under the existing collective bargaining contract, the company had the right to lay off for Chapter 39 Regulation of Employment 931 lack of work. The contract also provided for arbitration, and it prohibited discipline or discharge without “just cause.” On May 23, Richards was notified that she was being laid off “for lack of work” within her classification of crane operator. She was also advised that the company was not planning on using the crane in the future and that, if she were smart, she would get another job.

Richards claimed that her layoff violated the National Labor Relations Act, the Occupational Safety and Health Act, and the collective bargaining agreement.

Was she correct?

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