Cleaning staff at American Dream Mall were fired for union drive, feds say

Two cleaning staff at the American Dream Mall were fired in what the National Labor Relations Board alleges was retaliation for their involvement in organizing a labor union at the Meadowlands entertainment complex.

On Thursday, the NLRB filed a federal petition against HSA Cleaning, alleging that these two workers were “discharged in retaliation for their efforts to organize on behalf of 32BJ, SEIU,” a union which represents service workers.

In the petition, the NLRB argued that the termination of the two cleaning workers, Luis Varela and Jose Teran, would undermine existing efforts at the American Dream Mall to form a union.

The NLRB filed the case in the United States District Court for the District of New Jersey. It asked the court to give HSA five days to reinstate Varela and Teran, and expunge any personnel records or files in regards to the dismissal.

Under the injunctive relief being sought by the court, HSA would also be barred by the court for six months for terminating employees for unionizing or otherwise interfering with those rights.

HSA Cleaning declined to comment for this story, as did American Dream spokesperson Jessica Griffin.

“These discharges obliterated the union’s organizing efforts and sent a clear message to all employees that union support will result in termination,” the case reads.

The complaint continues that unless Varela and Teran are reinstated, “employees will remain too frightened to exercise their rights.”

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Organizing efforts at the mall stretch back to June 2022, according to the complaint, after they faced “mistreatment” by their supervisors at HSA Cleaning.

Teran served as a de facto spokesperson to management to address worker’s grievances and worked with union organizers up until his termination, according to the complaint.

Employees Teran talked with spoke of “the constant harassment and threats they endured,” according to the suit. Varela, while involved with soliciting support for the union drive, learned that management was looking for “excuses to fire him,” according to the complaint

Both Terran and Varela were ultimately fired on June 26 last year, being notified via text from Shirley Cabrera, HSA’s assistant director of operations, that “the company has undertaken evaluations and has decided to go in another direction and terminate your services. Thank you for the time and effort,” according to the complaint.

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Teran met with Cabrera, who gave “no specific explanation for his termination” and beyond saying “one thing after another after another.”

The complaint alleges that neither Terran nor Varela received written notices nor verbal or written warnings, nor were they suspended during their two years of work for HSA.

Both were repeatedly praised for their quality of work, according to the complaint, and disciplinary records did not support that they were terminated for “performance issues.”

The NLRB, in the complaint, disputed that Teran and Varela were fired to cut hours because hiring still continued after the two were fired.

“The NLRB’s request of injunctive relief from a federal court is the first step towards justice for Jose Teran and Luis Varela and all workers at American Dream Mall,” said 32BJ SEIU New Jersey State Director Kevin Brown. “The fact that HSA stifled our union’s organizing efforts is inexcusable.”

This article originally appeared on NorthJersey.com: American Dream cleaning staff fired for union drive, petition says