Posts tagged Americold Logistics
At What Point Does a Nascent Worker Group Become a “Labor Organization”?
June 27, 2024 // Key points of the legal analysis: The Regional Director applied the broad statutory definition of "labor organization" from Section 2(5) of the NLRA. The decision analyzed whether the petitioner met the three-part test for labor organization status: (1) employee participation, (2) purpose of dealing with the employer, and (3) dealing with terms and conditions of employment. The Regional Director found all three elements were met, even though the petitioner was a nascent organization that had not yet engaged in formal bargaining. The lack of formal structure (no constitution, bylaws, dues, etc.) did not preclude finding labor organization status for an incipient union. The Regional Director concluded the petitioner qualified as a labor organization and directed an election in the stipulated unit.
Workers at Americold Logistics Win Campaign to Remove Teamsters Union from Workplace
June 10, 2024 // Garcia filed the petition on May 16 with the NLRB, the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Garcia’s petition contained support from a majority of employees, which is more than is required to trigger a decertification vote under NLRB rules. When it became clear that the election would be scheduled, Teamsters Local 695 disclaimed recognition on May 23, 2024, stating in an email to the employer that the union “unequivocally disclaims its interest in representing and collectively bargaining for the unit at Americold in Darien, Wisconsin…that this will end processing of the Petition.” On May 24, NLRB Region 18 acknowledged the union disclaiming recognition, meaning no election would be needed since the workers’ desired result – the removal of the union – had already been accomplished.