NEW BEDFORD, MA / ACCESSWIRE / April 3, 2023 / Eastern Fisheries has recently made a change in its employment practices, altering its relationships with temporary staffing agencies, and in the process offering many employees formerly furnished by staffing agencies the opportunity to become regular employees of Eastern.
In accordance with a practice that is widespread and commonplace in regional seafood processing operations, Eastern Fisheries has long used the services of staffing agencies to fill numerous jobs in its processing operations. This practice allows companies to effectively outsource their human resources functions to a staffing agency. As is standard practice, our contracts with the staffing agencies stated that these staff members remain employees of the agency, not Eastern, even though they may be deployed to work in our facilities. The agencies are responsible for vetting the employees, hiring, benefits, and more.
As a result of some recent misunderstandings, one staffing agency employee filed an unfair labor practice charge with the National Labor Relations Board (NLRB) claiming that we had improperly asked the staffing agency to stop sending the employee to our workplace. We have settled that charge with the NLRB, and the employee is back with us, with full back pay for any time missed.
In hindsight, we wish we had handled that individual situation differently, but we believe the matter is now behind us. Eastern Fisheries has been fully compliant with every directive from the NLRB to date. In accordance with the directives, the terms of the resolution have been posted publicly at Eastern Fisheries in English, and in languages representing the native tongues of the employees.
In the course of examining the charge, the NLRB determined that despite our contractual arrangement with the agency, and the longstanding practice and understanding in the seafood industry, Eastern Fisheries would be considered a joint employer of the agency workers, together with the employing agency.
This finding has many legal repercussions, but basically, it means there is no longer any legal separation between Eastern Fisheries and employing agencies.
"In examining the implications of joint employment, it was my decision to end all of our staffing agency agreements, and going forward, to revise the terms under which we might use temp agency services," said Executive Vice President Joe Furtado. "For the benefit of the affected workers, we did not do this abruptly," he said. "We provided two months' notice to each of the staffing agency employees impacted. We offered each and every person the opportunity to immediately apply for direct hire with our company, to their former positions, with equal pay and a better benefits package."
This past Friday, the last workday before the agency contracts were terminated, we again advised all employees in the plant of the opportunity to continue in their jobs as direct Eastern employees. To be sure there is no misunderstanding about this, we even provided standard employment, hiring documents to these staff members at a meeting that ended the Friday workday.
"We have welcomed those who have already transitioned over so far. The two-month time period ended on Friday, and I am hopeful to see familiar faces walking in this morning, ready to be a part of an organization of which I have always been proud to be a member," Furtado said.
This morning, at its New Bedford facilities, Eastern Fisheries has in place human resources professionals ready to process new hires, run the required e-verify.gov employment verifications, and welcome all previous agency staff members as direct hire employees.
Staff members applying to return to their positions will be paid their hourly rate while on premises awaiting completion of the hiring process.
No former agency staff member who wishes to continue working today, as they did on Friday, will be deprived of that opportunity.
The National Labor Relations Act gives employees the right to form, join, or assist a union; choose a representative to bargain with employers on their behalf; act together with other employees for their benefit and protection; or chose not to engage in any of those protected activities. Eastern Fisheries does not and will not do anything to prevent our employees from exercising these rights.
About Eastern Fisheries
Eastern Fisheries, headquartered in New Bedford, MA is a vertically integrated, global supply leader in the seafood industry and a trusted seafood source to some of the largest retailers, food service distributors and wholesalers in the world. Founded in 1978 by Roy Enoksen and Frank O'Hara, Eastern Fisheries harvests, imports, and distributes premium seafood worldwide. Today Eastern operates facilities in the U.S.A., China, Europe, and Japan.
Press Contact:
Robert Vanasse
202-333-2628
[email protected]
SOURCE: Eastern Fisheries