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Labor Relations News Update January 23, 2015

Today’s Labor Updates:

Summary of NLRB Decisions for Week of January 12 – 16, 2015

Boeing fights back as momentum builds to unionize South Carolina plant

Niger oil refinery workers start 48-hour strike: union

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Summary of NLRB Decisions for Week of January 12 – 16, 2015

The Summary of NLRB Decisions is provided for informational purposes only and is not intended to substitute for the opinions of the NLRB.  Inquiries should be directed to the Office of Public Affairs at Publicinfo@nlrb.gov (link sends e-mail) or 202‑273‑1991.

Summarized Board Decisions

No Published Board Decisions Issued.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Berkeley Bowl Produce, Inc.  (32-RC-103811)  Berkeley, CA, January 13, 2015.  No exceptions having been filed to the Regional Director’s recommendation that the objections to a rerun election held October 9, 2014 be overruled in their entirety, the Board certified that a majority of the valid ballots were not cast for Petitioner United Food & Commercial Workers International Union, Local 5, and that the Union is not the exclusive collective-bargaining representative of the unit employees.

Suiza Dairy Corporation  (24-RC-090254 and 12-CA-121746)  San Juan, PR, January 14, 2015.  The Board adopted the Acting Regional Director’s findings and recommendations regarding the disposition of objections and determinative challenged ballots in an election held on February 4, 2014.  Accordingly, the Board ordered that the matter be remanded to the Regional Director for further appropriate action.  Petitioner—Central General de Trabajadores.   Incumbent Union—Union Insular de Trabajadores Industriales Y Construcciones Electricas (UITICE).  Chairman Pearce and Members Miscimarra and Johnson participated

FedEx Freight, Inc.  (09-RC-140912)  Nitro, West Virginia, January 16, 2015.  Order denying the Employer’s Request for Review as not raising substantial issues regarding whether the Regional Director erred in directing an election in a unit consisting of the City and Road Drivers employed at the Employer’s Charleston Terminal.  Member Johnson agrees that the unit is appropriate, but would rely on the Board’s traditional community of interest analysis and not express a view on the correctness of Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011).  Petitioner— International Brotherhood of Teamsters Local 175.  Chairman Pearce and Members Hirozawa and Johnson participated.

FedEx Freight, Inc.  (06-RC-140779)  Parkersburg, West Virginia, January 16, 2015.  Order denying the Employer’s Request for Review as not raising substantial issues regarding whether the Regional Director erred in directing an election in a unit consisting of the City and Road Drivers employed at the Employer’s Parkersburg Terminal.  Member Johnson agrees that the unit is appropriate, but would rely on the Board’s traditional community of interest analysis and not express a view on the correctness of Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011).  Petitioner— International Brotherhood of Teamsters Local 175.  Chairman Pearce and Members Hirozawa and Johnson participated.

C Cases

Laborers’ International Union of North America, Local 872, AFL-CIO  (28-CB-118809)  Las Vegas, NV, January 12, 2015.  The Board granted the Charging Party’s request for special permission to appeal a ruling of an Administrative Law Judge approving a unilateral Settlement by Consent Order, but the Board denied the appeal on the merits.  The Board found that the Settlement by Consent Order substantially remedies the violations alleged in complaint, and satisfies the factors set forth in Independent Stave Co., 287 NLRB 740 (1987).   Charge filed by an individual.  Chairman Pearce, Members Miscimarra and Hirozawa participated.

United States Postal Service  (10-CA-124311, et al.)  Gadsden and Huntsville, AL, January 12, 2015.  Decision and Order approving a formal settlement stipulation between the Respondent Employer, the Charging Party Unions, and the General Counsel, and specifying actions the Employer must take to comply with the National Labor Relations Act. Charges filed by American Postal Workers Union, Gadsden Area Local 537 and American Postal Workers Union, North Alabama Area Local 359.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

Palm Beach Metro, LLC and its alter ego Metro Mobility Management Group, LLC  (12-CA-025842)  West Palm Beach, FL, January 13, 2015.  No exceptions having been filed to the September 16, 2014 supplemental decision of Administrative Law Judge Robert A. Ringler finding that the Respondent had engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and ordered the Respondent to take the action set forth in the judge’s recommended Order.  Charge filed by Amalgamated Transit Union, AFL-CIO, Local 1577.

Impremedia and its subsidiary, El Diario, LLC  (29-CA-131066)  Brooklyn, NY, January 14, 2015.  Order denying the Employer’s petition to revoke an investigative subpoena duces tecum.  The Board found that the subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought.  Further, the Board held that the Employer failed to establish any other legal basis for revoking the subpoena.  In addition, the Board denied the Employer’s request to the extent that its reference to a protective order can be construed as a request for a protective order, because it has not demonstrated good cause under Rule 26, FRCP, or that disclosure would cause clearly defined and serious harm.  The Board also observed that, to the extent the Employer’s petition asserts confidentiality concerns, the instructions accompanying the subpoena specify a procedure by which the Employer may address those concerns with respect to particular documents.

Member Johnson agreed that the petition to revoke should be denied and joined in the order, with one exception.  He noted that, contrary to the Employer’s representation, the Region clearly limited the scope of the documents sought to less than a two-year period.  Concerning confidentiality, he further presumed the “instructions” referenced in footnote 2 are the Region’s offer to “enter into stipulations concerning the contents of the subpoenaed documents,” and that this process will be used accordingly.  Member Johnson found no general issue of burdensomeness, stating that many of the Region’s requests are cabined to ask for “such documents” as would show a particular fact, rather than “all documents” related to that fact, and the Employer did not argue any particularized showing of burden.  However, he would grant the petition on the ground of burdensomeness, in regard to paragraph 4 as applied to El Diario.  Because that employer is a newspaper, he inferred that showing the customer identities for “all customers” will be a burdensome undertaking, even though the request is relevant.  He would have the parties attempt to work out an accommodation before ruling on a new subpoena request.  Chairman Pearce and Members Johnson and McFerran participated.

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Appellate Court Decisions

World Color (USA) Corp., a wholly-owned Subsidiary of Quad Graphics, Board Case No. 32–CA–062242 (reported at 360 NLRB No. 37) (D.C. Circuit decided January 16, 2015)

In a published opinion, the Court granted the Employer’s petition for review and remanded the case to the Board for reconsideration of its finding that the Employer at its printing facility in Fernley, Nevada, unlawfully maintained an overbroad hat policy prohibiting employees from wearing baseball caps bearing union insignia.  The NLRB’s Administrative Law Judge found that the hat policy violated Section 8(a)(1) by requiring employees to wear only caps bearing the company logo:  “Baseball caps are prohibited except for Quad/Graphics baseball caps . . . .”  The judge rejected the Employer’s claims of special circumstances and its contention that the hat policy was not unlawful because it was part of its uniform policy.  Specifically, the Employer had argued that its uniform policy, which specified that employees were permitted to accessorize “in good taste and in accordance with the safety rules,” would permit employees to wear union insignia on their caps.  The judge found the hat policy was separate and distinct from the uniform policy.  On review, the Board (Chairman Pearce and Members Hirozawa and Johnson) agreed with the judge, and added that the hat policy was explicitly overbroad because “[i]t is undisputed that the policy on its face prohibits employees from wearing caps bearing union insignia.”  On review, the Court granted the Employer’s petition for review because it concluded that the Board had relied on a faulty premise.  Specifically, the Court stated that the Board’s overbreadth analysis was flawed because, contrary to the Board’s statement that the matter was not in dispute, the record showed that the Employer had “consistently argued that the hat [policy] is part of its uniform policy and that [its] policies therefore facially allow an employee to adorn [a company] hat with union insignia.”

The Court’s opinion is here (link is external).

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Administrative Law Judge Decisions

Columbia Memorial Hospital  (03-CA-120636, et al.; JD(NY)-02-15)  Hudson, NY.  Administrative Law Judge Kenneth W. Chu issued his decision on January 12, 2015.  Charges filed by 1199 SEIU United Healthcare Workers East.

United States Postal Service  (07-CA-117584; JD-02-15)  Grand Rapids, MI.  Administrative Law Judge Thomas M. Randazzo issued his decision on January 12, 2015.  Charge filed by Local 307, National Postal Mail Handlers Union (NPMHU), a Division of the Laborers’ International Union of North America, AFL-CIO.

TGF Management Group Holdco, Inc.  (22-CA-123003; JD(NY)-05-15)  Carteret, NJ.  Administrative Law Judge Lauren Esposito issued her decision on January 15, 2015.  Charge filed by International Brotherhood of Teamsters, Local 469.

Novel Service Group, Inc.  (02-CA-113834 and 02-CA-118386; JD(NY)-04-15)  New York, NY.  Administrative Law Judge Raymond P. Green issued his decision on January 15, 2015.  Charges filed by Local 32BJ, Service Employees International Union.

Nexstar Broadcasting Group, Inc., d/b/a WETM-TV  (03-CA-125618; JD(NY)-03-15)  Elmira, NY.  Administrative Law Judge Steven Davis issued his decision on January 15, 2015.  Charge filed by International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, AFL-CIO.

Ace Heating and Air Conditioning Company, Inc.  (08-CA-133965, et al.; JD-03-15)  Cleveland, OH.  Administrative Law Judge Arthur J. Amchan issued his decision on January 15, 2015.  Charges filed by Sheet Metal Workers International Association, Local Union No. 33.

United States Postal Service  (10-CA-129726; JD(ATL)-01-15)  Columbia, SC.  Administrative Law Judge Keltner W. Locke issued his decision on January 16, 2015.  Charge filed by National Association of Letter Carriers, Branch 233.

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Boeing fights back as momentum builds to unionize South Carolina plant

Jan 21, 2015, 1:00pm PST Updated: Jan 21, 2015, 1:19pm PST

Steve Wilhelm

Machinists union organizers say they’re gathering momentum at Boeing’s plant in South Carolina, and believe they’re on the way to unionizing the plant there.

“I’m optimistic we’re going to reach that plateau of having the ability to file and have an election,” said Mike Evans, a former mechanic from aerospace supplier Hamilton Sunstrand, who’s now leading the seven-person International Association of Machinists and Aerospace Workers office in North Charleston, S.C.

Unionizing success in North Charleston might be positive for Washington state, in that it would reduce the company’s incentive to relocate new production away from union turf here, and thus encourage future production in Washington.

For the North Charleston organizing effort to be successful, at least 30 percent of workers must sign authorization cards. For the facility to be unionized, a simple majority of those voting is required.

The authorization cards are only valid for a year after they’re signed, so the campaign has to keep a certain velocity to accumulate the needed signatures before earlier cards expire.

The stakes are high on both sides, with Machinists International trying to recover lost power after the painful contract extension vote in Washington by District Lodge 751 in January 2014, which won the 777X for Washington but cost Machinists their pensions.

Meanwhile, Boeing has been actively campaigning against unionization in South Carolina, backed up by the vehemently anti-union governor Nikki Haley.

“We’ve said for the past five years that we don’t believe a union is in the best interest of our teammates, our business, our community nor our state,” wrote South Carolina Boeing spokeswoman Candy Eslinger in an email. “We think it’s important that our teammates, friends, business colleagues and community leaders in South Carolina know that our position has not changed.”

Boeing employs 7,773 people in South Carolina, according to the company website. Evans estimates about 30 percent of those, about 2,300 people, are mechanics who would be eligible to join the Machinists union.

Both side have been reaching out to the larger community during the campaign, and both sides have been relying on digital and other media.

The Machinists goiambsc.com website features a rotating series of four photos under the headline “Together we could build amazing things.”

The four amazing things are: Secure jobs, respect and dignity, better lives and safe workplaces, and the website has pulled in more than 100,000 page views since September, Evans said.

The Boeing weareboeingsc.com website, in company blue and white, includes a detailed analysis of the downsides of union representation, from the company perspective.

“This website will provide a great deal of information about the attempts of the IAM to take over your representation rights,” it says. “We think our teammates deserve to pave their own future and keep their hard-earned money in their own pockets, rather than be locked into a contract and pay union dues to an organization that hasn’t contributed one bit to job growth in South Carolina.”

The union also is paying for seven digital billboards around North Charleston, as well as two more static displays near union headquarters. Boeing is running anti-union radio spots, with a sound track by Haley, making its case against the union. The union ran a digital ad on the website on the Charleston Post and Courier, and got nearly 64,000 hits, Evans said.

A big push was over the Christmas break, when organizers visited union workers in their homes and discussed the stakes with entire families.

People behind this effort included staff organizers, South Carolina Boeing employees, union workers from elsewhere in South Carolina, and even Machinists from Washington state, said Machinists spokesman Frank Larkin. He added that these meetings were far more comfortable than discussions inside the plant.

“They did considerable house calling, an effort that yielded a surprising number of cards,” he said. “There is momentum. Some folks have been waiting a long time for the opportunity for an election, and that goes back for a number of years.”

Education has been a big part of the campaign, said organizer Evans, because people in South Carolina are much less versed in how unions work than they are on the West Coast.

“There’s a lot of understanding now,” Evans said. “A big education piece took place in the summer.”

The campaign also has broadened, he said, to include many outside the circle of immediate Boeing workers.

“Now the community is involved. There’s a big community effort…a lot of community associations and groups,” he said. “There seems to be a fever pitch, a lot of concentration on what goes on at the Boeing plant, and a lot of support from outside the shop.”

Evans added that from his experience, union shops run more smoothly than non-union, because unions and companies collaborate to solve problems. He added that turnover is high at the Boeing North Charleston plant, which he partly attributed to lack of representation.

“I was in a union shop for 20 years, that harmony is really there, because of the fairness of the contract,” he said. “The in-plant team talks about turnover a lot…There is much higher than average turnover at this facility.”

Boeing Commercial Airplanes CEO Ray Conner has been clear about his opposition to unionizing the South Carolina plant, and in a late December interview with the Charleston Post and Courier, accused the union of hypocrisy.

He cited union efforts to keep the South Carolina plant from opening, on the grounds it was “retaliation” for union labor actions. He referred to a complaint filed with the National Labor Relations Board by the Machinists International, against Boeing’s 2009 decision to open the plant.

“I feel it’s a little bit ironic that here we are today when we had to fight so hard to keep this place going,” Conner said in the interview . “And now we’re having a conversation about the same people who tried to shut this down.”

Steve Wilhelm covers manufacturing, aerospace and trade for the Puget Sound Business Journal.

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Niger oil refinery workers start 48-hour strike: union

Fri Jan 23, 2015 7:50am GMT

NIAMEY (Reuters) – Workers at Niger’s only oil refinery declared a two-day strike on Thursday, effective immediately, over working conditions, a union official said.

The West African country’s 20,000 barrel per day Zinder refinery is a joint venture between the government and China National Petroleum Corporation (CNPC).

“We have informed the oil ministry and I can assure you that our strike is a warning. If nothing is done to satisfy our demands, we will toughen our stance,” Elemi Boukar, a union representative at the plant, told Reuters. It was not immediately clear if crude oil processing had been affected by the strike.

The plant, located 800 km (500 miles) east of the capital Niamey, processes oil from the CNPC-operated Agadem blocks. It was stopped for planned maintenance in December and resumed normal operations on Jan. 15.

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