Here is just one situation that sheds light on the intimidation and harassment that employees endure during card check organization drives – the same card check drives that are a part of the Employee Free Choice Act.
National Right to Work Foundation attorneys filed unfair labor practice charges against Teamsters Local 776 for initiating a coercive organizing drive to unionize a UPS Freight facility.
Here’s the legalese of the situation. Initially, the workers rejected the union through a secret ballot election. After the union was rejected by the employees, the Teamsters again tried to organize them through a “card check” organizing drive. The Teamsters claimed they had a majority of the employees sign a card and presented those cards to management and demanded that UPS recognize the union as the bargaining representatives for the employees. The employees immediately tried to decertify the union through an election, but the Board ruled that only one election could take place per year.
Under the Dana/Metadyne decision, employees have the right todemand a secret ballot election immediately following unionization via card check organizing as a way to counteract the employee intimidation and harassment at the hands of aggressive union operatives that frequently occurs during card check campaigns. But, the NLRB said that only one secret ballot election could take place in any given bargaining unit during a 12-month period. Therefore, these UPS workers were denied the opportunity to vote out the union.
This lawsuit has major implications across a wide range of labor laws, and I will keep everyone on top of the decisions as they are released. Thank you NRTW for this update.