Posts tagged Request for Review
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.”
New Flyer Employee Slams CWA Union with Federal Charges, Claims Union Lied to Employees to Attain “Majority Status”
August 10, 2023 // Mabrey’s charges explain that CWA union officials gained power in his workplace through a process called “card check,” which bypasses the NLRB’s standard secret ballot election process for installing a union. Under card check, employees are denied the right to vote in private on whether they want the union in the workplace, and union officials can instead claim majority status by demanding union authorization cards directly from workers. The card check scheme’s lack of privacy exposes workers to a variety of coercive behaviors from union officials who are seeking to collect cards from a majority of employees in a work unit. Workers often report being told signing the card only requests “more information” about the union or serves some other purpose, even though the card will be equivalent to a “vote” in favor of union representation. Workers have also experienced threats and unwanted home visits during card check campaigns.
Seattle Mariners Retail Employees Vote Out UFCW Union, Defeat Union Boss Attempt to Block Election Using “Card Check”
July 27, 2023 // Over the objection of UFCW union officials, the NLRB Regional Director in May ordered a union decertification election at the request of the Seattle Mariners’ retail employees. Union bosses subsequently filed a Request for Review at the NLRB in Washington, D.C., seeking to halt the election. They argued that a so-called “voluntary recognition bar” should be imposed to block the Mariners’ employees from exercising their right to vote on the union’s removal. However, the NLRB denied the union’s Request for Review on July 25. After NLRB Region 19 certifies the 50-9 vote result, the Seattle Mariners’ retail employees will finally be free from the unwanted UFCW union. The retail workers were able to challenge union officials’ card check drive thanks to the Election Protection Rule (EPR), a reform to the election rules enacted by the NLRB in 2020 following Foundation advocacy. While union officials pre-EPR were able to manipulate the so-called “voluntary recognition bar” to block employees from voting out a union for at least a year after an employer recognized a union’s supposed card check victory, the EPR granted employees a 45-day window in which to petition for a secret ballot election to challenge the card check result.
Starbucks Worker Asks Labor Board to Review Order Denying Vote to Remove Unwanted Union
June 13, 2023 // Cortes’ decertification petition, which was filed on April 28, has support from a majority of her coworkers who also want to remove the union from their workplace. After her initial filing, Cortes began receiving free legal assistance from National Right to Work Legal Defense Foundation staff attorneys. “They have treated us like pawns, promising us that we could remove them after a year if we no longer wanted their representation, and are now trying to stop us from exercising our right to vote,” Cortes said in a statement about why so many of her coworkers support removing the union. “It’s obvious they care more about power and control than respecting our individual rights.” Under federal law, workers can trigger an NLRB-supervised decertification election with the signatures of 30% or more of the employees in a workplace. After receiving the petition, NLRB officials should then promptly move to schedule an election. However, on May 25, the NLRB Region 3 Regional Director issued an order dismissing the decertification petition.
Spanish Broadcasting System Radio Host Appeals Case After Labor Board Blocks Vote to Remove SAG-AFTRA Union Officials
December 20, 2022 // With free legal aid from the National Right to Work Legal Defense Foundation, Spanish Broadcasting System radio host Adal Loreto is defending his and his coworkers’ right to vote unwanted Stage Actors’ Guild (SAG-AFTRA) union officials out of their workplace. In July, Loreto filed a petition for a group of his coworkers seeking a vote to end union officials’ so-called “representation” over on-air talent of KLAXFM and KXOL-FM radio stations. That National Labor Relations Board (NLRB) decertification petition resulted in a mail ballot election conducted in August and September. However, the workers’ ballots were never actually counted. Now, Loreto and his National Right to Work Foundation staff attorneys have filed a Request for Review at the National Labor Relations Board in Washington, DC, asking the Board to overturn NLRB Region 31 Director Mori Rubin’s order that the workers’ ballots be destroyed and never counted.
Healthcare Workers at Cuyuna Hospital Successfully Petition for Votes to Remove Union
September 22, 2022 // After miscounting the signatures, the NLRB Regional Director cited the “contract bar” as a reason for dismissing the petition. Had the Region not ultimately reversed itself, that erroneous decision could have blocked a decertification vote for three more years because of the contract bar.
Red Rock Casino Slot Technicians Blast Regional Labor Board Ruling Trapping Them Under Unpopular Union, Appeal Decision
May 11, 2022 // Barrios’ attorneys show that the majority of the union’s accusations describe alleged employer malfeasance concerning bargaining units other than Barrios’. The Request for Review points out that, by the Region’s logic, “any employer’s unfair labor practice could block any decertification in any of its other units, no matter how remote.”
Indiana US Brick Employees Challenge NLRB Policy Trapping Them in Teamsters Union Ranks They Overwhelmingly Oppose
March 8, 2022 // NLRB-invented “successor bar” blocks employees’ statutory right to vote out union despite 70 percent of workers wanting Teamsters removed