Posts tagged blocking charges
Is It Really About Employee Voices? The National Labor Relations Board Continues its Union-Friendly Trend
August 7, 2024 // The new regulations also contain a revision that will affect construction companies. Under the NLRA, an employer cannot recognize and bargain with a union lest the union has demonstrated that it represents a majority of the employees (through cards or an election, as noted above). Section 8(f) of the NLRA provides a limited exception to this rule, and it applies solely to the construction industry. Under Section 8(f), a construction industry employer can enter into a "pre-hire" agreement with a union and negotiate employment terms regardless of whether the employees support the union. Prior to 2020, the Board allowed an employer and union to convert an "8(f) agreement" into a normal collective bargaining agreement simply by stating that the union had demonstrated majority support to the employer. That language was sufficient to block a decertification petition or petition from a rival union during the so-called "contract bar" period (the term of the labor agreement, up to three years). No evidence would be examined to attack the contract language – this provision was enough.
National Right to Work Foundation Slams Biden-Harris NLRB Rule Overturning Protections on Workers’ Right to Vote in Secret on Unions
July 31, 2024 // New rule will let union officials bypass secret ballot union vote process entirely or delay decertification votes by months or years
Sofitel Lafayette Square Employees Have Successfully Obtained Secret Ballot Vote to Remove Unite Here Union from Hotel
June 10, 2024 // After Unite Here union officials imposed union control over hotel employees without a secret ballot vote, workers at Sofitel Washington DC Lafayette Square have successfully obtained an election to remove the union. Sofitel employee Mwandu Chibwe submitted on May 15 a petition asking the National Labor Relations Board (NLRB) to hold a decertification election at her workplace. Ms. Chibwe is receiving free legal aid from the National Right to Work Legal Defense Foundation.
WASHINGTON D.C.: Sofitel Lafayette Square Employees Have Successfully Obtained Secret Ballot Vote to Remove Unite Here Union from Hotel
May 28, 2024 // After Unite Here union officials imposed union control over hotel employees without a secret ballot vote, workers at Sofitel Washington DC Lafayette Square have successfully obtained an election to remove the union. Sofitel employee Mwandu Chibwe submitted on May 15 a petition asking the National Labor Relations Board (NLRB) to hold a decertification election at her workplace. Ms. Chibwe is receiving free legal aid from the National Right to Work Legal Defense Foundation.
Warehouse Workers and Drivers at Keurig Dr. Pepper Facilities Across Wisconsin Vote Out Teamsters Union
January 31, 2024 // Workers from Keurig Dr. Pepper facilities across the Badger State have exercised their right to remove unwanted Teamsters Local 200 union officials from power at their workplaces. The ouster follows the National Labor Relations Board’s (NLRB) January 26 certification of an election in which nearly 60% of participating drivers and warehouse workers from facilities in Oshkosh, Eau Claire, and Tomah voted to end the union’s bargaining power. Oshkosh-based Keurig Dr. Pepper driver Ray Cotts spearheaded the effort to remove the union by submitting a union decertification petition to the NLRB in November 2023 with free legal aid from the National Right to Work Legal Defense Foundation. His petition contained more than enough employee signatures to trigger a union decertification vote under NLRB rules. The NLRB held the election beginning December 22, 2023, and counted ballots on January 16.
Brooklyn Electrical Workers Win Year-Long Legal Battle to Remove Unwanted Union from Workplace
January 11, 2024 // Spira’s legal team traveled to New York to defend his rights against the union’s allegations in the NLRB case. Minutes before the hearing was scheduled to begin before an NLRB Administrative Law Judge, NLRB lawyers conceded they could produce no witnesses to testify in favor of the union’s charges against Horsepower Electric. Soon after, the NLRB formally dropped its complaint against Horsepower Electric, thus clearing the way for the ballots to be counted. Finally, on December 12, 2023, IUJAT union officials issued a disclaimer of interest effectively announcing they were departing the workplace. This was presumably done to avoid a vote count the union figured it would lose.
DC-Area Union Kitchen Employees Overwhelmingly Vote to Remove UFCW Union
January 9, 2024 // Silva and her coworkers’ effort began amid union boss-ordered pickets and boycotts against Union Kitchen Grocery locations, which inflamed tensions among workers. In some instances, union picketers endangered workers by blocking exits, requiring the intervention of police. “The vast majority of the workers at Union Kitchen are sick and tired of the UFCW’s picketing, harassment of employees, and constant disruptions of our day-to-day work life,” Silva said at the time. “If the union cares at all about what we want, they will respect our wishes and immediately disclaim their interest in representing workers who have overwhelmingly rejected them.”
Max Finkelstein Workers Across East Coast Force RWDSU Union to Abandon 500+ Employee Unit
October 31, 2023 // “We warehouse workers and drivers at Max Finkelstein may be from many different facilities in many different states, but we are in agreement about one thing: RWDSU union officials don’t represent our interests,” commented Dorney. “It’s our right under federal law to challenge RWDSU’s forced representation power.” The RWDSU union has recently tried several high-profile unionization campaigns at Amazon warehouses across the country, most notably at the large Bessemer, AL, facility, where employees voted against the union by substantial margins in both 2021 and 2022. Gallup polling shows that 58 percent of nonunion workers are “not interested at all” in joining a union.
Seattle Mariners Retail Employee Challenges Seattle NLRB Officials’ Refusal to Certify Overwhelming Vote Against Union
October 23, 2023 // Following an overwhelming workplace vote to remove United Food and Commercial Workers (UFCW) union officials, Seattle Mariners MLB retail employee Tami Kecherson filed a Request for Review defending the election result at the National Labor Relations Board (NLRB) in Washington, DC. The Request for Review comes after NLRB Region 19 officials in Seattle refused to certify the 50-9 vote result, and instead permitted UFCW union officials to “disclaim” interest in the bargaining unit and avoid restrictions on regaining control over the employees that normally apply to unions that lose elections. National Right to Work Foundation staff attorneys are providing free legal aid to Kecherson in her effort to defend the election victory. The Request for Review recounts that, after the worker-requested union decertification vote finally took place, UFCW union officials filed “blocking charges” against Mariners management in an attempt to delay the certification of the vote. “Blocking charges” contain unverified and often groundless allegations of employer interference in a union election.
NJ Medieval Times Employees Appeal to National Labor Relations Board in Ongoing Joust with Union Officials
September 21, 2023 // he Request for Review notes that AGVA union officials were “secretive, self-interested, and divisive,” and “regularly advocated that the [Medieval Times] employees go on strike, something that had no support among the unit employees.” After waiting out the statutory one-year bar on union elections that follows a union’s certification, Morley filed the petition requesting a union decertification vote. According to the Request for Review, instead of processing the petition as NLRB rules dictate, NLRB Region 22 issued a complaint against the employer and dismissed Morley’s petition based on unproven “blocking charges” AGVA union officials filed against Medieval Times management. The Request for Review argues that the hasty dismissal violated NLRB election rules, the Administrative Procedure Act, and well-established NLRB precedent requiring a hearing to demonstrate whether union allegations of employer misconduct actually caused employee discontent with the union. “None of the alleged unfair labor practice allegations…concern the Employees’ collection of the decertification signatures or the Employer’s domination of the Union. Thus…an election should be held and the votes immediately counted,” the Request for Review contends. “Even if the Board determined the allegations warranted consideration under [NLRB rules], its plain terms prohibit dismissing a petition prior to an election.”