NLRB Update, Case Closed
This is the final update on our National Labor Relations Board (NLRB) case that I filed on behalf of those who were forced to the Wilmington plant from Baltimore. Last August I reported, DA # 43, that the NLRB canceled our August 6th hearing because UAW Local 239 president Swanner capitulated. We will be allowed to view the Allison Transmissions transfer list. Also, as part of the NLRB’s Settlement Agreement (see below) between the president and I, he must also post a ‘Notice To Employees And Members’ (see below) in the local’s union hall and Jobs Bank facility for sixty days. The Notices posting was a sweet victory.
On August 25th I received a letter from the president that stated we could view the 07.28.06 Allison list, but it said nothing about viewing the current list. This case began over the older list; however, viewing it is moot at this point because it’s been a year since we were forced to Delaware and the list has changed since then. On the 27th I called the NLRB Compliance Officer handling our case. The Officer called me back after checking with the Agent who investigated our case and told me that, “Yes, you have the right to view the current Allison list, and the right to write down the names and seniority dates of those on the list.”
On August 30th, Gail Hardinger and I went to 239’s union hall to view the Allison list. We decided to view the old list first in case there were problems with viewing the current list. Just for general principles we wrote down the first forty names and seniority dates. Then we asked to see the current list. The local president stated, “I do not have or maintain the current list. It’s kept and maintained by the corporation or Allison transmissions. When they need people in Allison, they’ll send me a list of names and then I’ll notify the people and the Wilmington plant.” I told him, “You’ll be hearing from our NLRB attorney about this.” Then he did what we’ve become accustomed too when dealing with arrogant union officials who think they’re above the law, he shrugged.
On September 4th I called the NLRB’s Compliance Officer and told her about our visit with the local’s president and his denial of having a copy of the current list. She said she’d call his UAW attorney to find out what’s going on and why we’re denied our right to view the current list. The next day she called back to tell me that since there are no longer any production members in the Jobs Bank, there’s no reason for them to keep and maintain a current list, how convenient.
I told her about Allison hiring 5 high seniority people from the Wilmington plant in April. Then I asked, “How can we be sure they’re not skipping over people?” She suggested we use the area hire call in number to find out our status. I argued that GM and the UAW altered the contract due to the 06 attrition program and now they don’t send out confirmation letters or reveal our status anymore. She said, “That’s all I can do for you on my end.” Damn it. I said, “Our union reps are borderline racketeers and there’s nothing members can do about it. I know it’s not your fault and I don’t blame you, but I think it’s a travesty of justice that our reps can do and get away with whatever they want and we have no one to turn to. What a shame. Thank you and have a nice day.”
Our NLRB case was officially closed on September 5, 2007, thirteen months after it began. We may not have won this case to our satisfaction, but it is a win nonetheless. The fact that the UAW had to post a sixty day notice made winning this case worth the effort, because they hate losing more than anything. Also, I don’t blame the Compliance Officer or the Agent who investigated our case. I blame the Department of Labor, which has oversight over the NLRB as well as other labor related agencies; however, I can not beat up on them because as sure as night follows day, and as long as there are Good Ole Boy administrations in control of our UAW and the majority of our locals, we will most assuredly need them again.
In Solidarity, Doug Hanscom
ps; For additional info on Allison recall rights, see DA # 46 at www.disgruntledautoworker.com
FORM NLRB 4775
(R-5 rev. 12/02 per italics)
UNITED STATES GOVERNMENT
NATIONAL LABOR RELATIONS BOARD
IN THE MATTER OF
International Union, United Automobile, Aerospace and CASES 5-CB-10022
agricultural Implement Workers of America, Local 239, 5-CB-10032
AFL-CIO (General Motors)
The undersigned Charged Party and the undersigned Charging Party, in settlement of the above matter, and subject to the approval of the Regional Director for the National Labor Relations Board, HEREBY AGREE AS FOLLOWS:
POSTING OF NOTICE — Upon approval of this Agreement and receipt of the Notices from the Region, the Charged Party will post immediately in conspicuous places in and about its plant/office, including all places where notices to employees/members are customarily posted, and maintain for 60 consecutive days from the date of posting, copies of the attached Notice made a part hereof, said Notices to be signed by a responsible official of the Charged Party and the date of actual posting to be shown thereon. In the event this Agreement is in settlement of a charge against a union, the union will submit forthwith signed copies of said Notice to the Regional Director who will forward them to the employer whose employees are involved herein, for posting, the employer willing, in conspicuous places in and about the jobs bank center located in Baltimore, Maryland where they shall be maintained for 60 consecutive days from the date of posting. Further, in the event that the charged union maintains such bulletin boards at the jobs bank center where the alleged unfair labor practices occurred, the union shall also post Notices on each such bulletin board during the posting period.
COMPLIANCE WITH NOTICE — The Charged Party will comply with all the terms and provisions of said Notice. The Charged Party will notif’ the Region in writing upon completion of all affirmative obligations. In the event of non-compliance with this Settlement Agreement, the allegations in a Complaint issued with regard to the violations covered by the Settlement Agreement will be deemed admitted. Upon Motion for Summary Judgment the Board may, without the necessity of trial, find all allegations of the Complaint to be true, adopt findings of fact and conclusions of law consistent with the Complaint allegations, and issue an appropriate Order. Subsequently, a judgment form a U.S. Court of Appeals may be entered ex parte.
The Allison Transfer list available for inspection dated July 28, 2006, is the list available that is closest in date to the requested list of April 6, 2006. The Employer and the Union aver that the July 28, 2006 list is substantially similar to the April 6, 2006 list.
NON-ADMISSION CLAUSE ----- By entering into this agreement the Charged Party does not admit violating the National Labor Relations Act.
SCOPE OF THE AGREEMENT — This Agreement settles only the allegations in the above-captioned case(s), and does not constitute a settlement of any other case(s) or matters. It does not preclude persons from filing charges, the General Counsel from prosecuting complaints, or the Board and the courts from finding violations with respect to matters which precede the date of the approval of this Agreement regardless of whether such matters are known to the General Counsel or are readily discoverable. The General Counsel reserves the right to use the evidence obtained in the investigation and prosecution of the above-captioned case(s) for any relevant purpose in the litigation of this or any other case(s), and a judge, the Board and the courts may make findings of fact and/or conclusions of law with respect to said evidence.
REFUSAL TO ISSUE COMPLAINT — In the event the Charging Party fails or refuses to become a party to this Agreement, and if in the Regional Director’s discretion it will effectuate the policies of the National Labor Relations Act, the Regional Director shall decline to issue a Complaint herein (or a new Complaint if one has been withdrawn pursuant to the terms of this Agreement), and this Agreement shall be between the Charged Party and the undersigned Regional Director. A review of such action may be obtained pursuant to Section 102.19 of the Rules and Regulations of the Board if a request for same is filed within 14 days thereof. This Agreement shall be null and void if the General Counsel does not sustain the Regional Directors action in the event of a review. Approval of this Agreement by the Regional Director shall constitute withdrawal of any Complaint(s) and Notice of Hearing heretofore issued in the above captioned case(s), as well as any answer(s) filed in response.
PERFORMANCE — Performance by the Charged Party with the terms and provisions of this Agreement shall commence immediately after the Agreement is approved by the Regional Director, or if the Charging Party does not enter into this Agreement, performance shall commence immediately upon receipt by the Charged Party of notice that no review has been requested or that the General Counsel has sustained the Regional Director.
NOTIFICATION OF COMPLIANCE — The undersigned parties to this Agreement will each notify the Regional Director in writing what steps the Charged Party has taken to comply herewith. Such notification shall be given within 5 days, and again after 60 days, from the date of the approval of this Agreement. In the event the Charging Party does not enter into this Agreement, initial notice shall be given within 5 days after notification from the Regional Director that no review has been requested or that the General Counsel has sustained the Regional Director. Contingent upon compliance with the terms and provisions hereof, no further action shall be taken in the above captioned case(s).
International Union, United Automobile
Aerospace and agricultural Implement
Workers of America, Local 239, AFL-CIO
By: Name and Title /s/ Carlos Bermudez
DOUG HANSCOM, An Individual
By Name and Title /s/ Doug Hanscom
Thomas J. Murphy
1sf Wayne R. Gold
Regional Director, Region 5
(NOTE: Official NLRB Seal, Government Seal, and Local President's signature would not transfer)
EMPLOYEES AND MEMBERS
POSTED PURSUANT TO A SETTLEMENT AGREEMENT
APPROVED BY A REGIONAL DIRECTOR OF THE
NATIONAL LABOR RELATIONS BOARD
AN AGENCY OF THE UNTED STATES GOVERNMENT
FEDERAL LAW GIVES YOU THE RIGHT TO:
Form, join or assist a union;
Choose representatives to bargain with us on your behalf;
Act together with other employees for your benefit and protection;
Choose not to engage in any of these protected activities.
WE WILL NOT coerce employees by refusing to allow employees to see the
Allison Transfer list so they can verify that employees are being properly transferred.
WE WILL allow employees to see the Allison Transfer list so that employees can
verify that they are being transferred properly. The list being provided for inspection
is dated July 28, 2006 and all older Allison Transfer lists have been destroyed.
WE WILL NOT in any like or related manner, interfere with, restrain or coerce
our employees in the exercise of their rights as guaranteed in Section 7 of the Act.
INTERNATIONAL UNION, UNITED AUTOMOBILE,
AEROSPACE AND AGRICULTURAL, IMPLEMENT WORKERS
OF AMERICA, LOCAL 239, AFL-CIO
Dated: 8/9/07 By: Fred Swanner Local President
The National Labor Relations Board is an independent Federal agency created in 1935 to enforce the National Labor Relations Act. It conducts secret-ballot elections to determine whether employees want union representation and it investigates and remedies unfair labor practices by employers and unions. To find out more about your rights under the Act and how to file a charge or election petition, you may speak confidentially to any agent with the Board’s Regional Office set forth below. You may also obtain information from the Board’s website: www.nlrb.gov
National Labor Relations Board, Region 5
103 South Gay Street, 8th Floor
Baltimore, MD 21202
Telephone: (410) 962-2822
Hours of Operation: 8:15 am. to 4:45 p.m.
Washington Resident Office
1099 14th Street, NW
Washington, DC 20570
Telephone: (202) 208-3000
Hours of Operation: 8:15 am. to 4:45 p.m.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE.
THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE OF POSTING AND MUST NOT BE ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL. ANY QUESTIONS CONCERNING THIS NOTICE OR COMPLIANCE WITH ITS PROVISIONS MAY BE DIRECTED TO THE ABOVE REGIONAL OFFICE’S COMPLIANCE OFFICER,