2020 has by all measures, in virtually all ways, been anything but a success. As Winston Churchill was working to form the United Nations after WWII, he famously said, “Never let a good crisis go to waste”. Unions have taken this advice to heart and have been exceptionally active in organizing during the Covid-19 pandemic. NLRA advocates have experienced exceptional success so far this summer.
Pac-Van Successfully Sends the Teamsters Packing
Pac-Van, founded in 1993 as a shipping container company and supplier, has expanded to offer mobile offices, modular buildings, liquid storage tanks and more. The company has over fifty offices in the United States and Canada. Teamsters Local 341 filed a petition to represent Pac-Van’s employees in McKees Rocks, Pennsylvania.
Pac-Van’s leadership made two crucial moves when it received the petition. They hired one of the top law firm’s that deal with these matters – Jackson Lewis, and they hired one of the premiere persuader firms – NLRA. Pac-Van prevailed against the union’s takeover attempt, receiving 2/3 of the total votes cast!
Bravo! Pac-Van. The loyalty of your employees demonstrated in McKees Rocks speaks volumes. Pac-Van is an employer of choice and remains union-free across its many locations.
Ft. George Scores Initial Success in Its Appeal to the NLRB
Ft. George Community Services Head Start, a private non-profit organization in the Bronx that provides sorely needed Head Start educational services to the neighborhood families, has cored an initial victory in its NLRB appeal. Karen Rose, NLRA Labor Relations Advocate represents Ft. George in it fight at the NLRB.
Background
Ft. George resigned and removed itself from a bargaining association in the city because, in the eyes of Ft. George, the association was not addressing the needs of the various members. Upon expiration of the collective bargaining agreement negotiated by the association, Ft. George sent a letter to the union and requested bargaining for a replacement agreement. The union, AFSCME DC 1707 refused. The union claimed Ft. George could not bargain independent of the association, despite the clear withdrawal three years earlier. Incredibly, the union claimed that it did not recognize Ft. George’s withdrawal from the association even though the union has no role in governance of the association.
The NLRB
Ft. George was forced to seek relief from the National Labor Relations Board (NLRB). It filed an unfair labor practice charge against the union with the NLRB for the union’s refusal to bargain. The NLRB Regional Office in Manhattan was assigned the task of investigating the matter. After its investigation, the Regional Office declared that Ft. George’s case had no merit, and it dismissed the claim.
Despite the mountain of evidence produced to the Region by Ms. Rose demonstrating the union’s clear refusal to bargain, the Region made the decision to dismiss. Ironically, the union filed a counter charge alleging Ft. George in fact refused to bargain, and the Region determined that charge was meritorious! Faced with such a blatantly biased and unfair decision, Ms. Rose filed an appeal on Ft. George’s behalf to the full NLRB in Washington, D.C. Just mere days ago the Board issued and order remanding the case for further investigation based on the arguments Ms. Rose presented.
Great job, Karen! Yet another example of how NLRA’s advocates go to the mat for their clients. It is not over, and it is premature to declare victory, but very few cases are remanded in a given year. Remand is the first step to victory, and victory is always the goal!
Advanced IT Concepts Secures a Favorable Deal
Advanced IT Concepts (AITC) is an Orlando-based IT contractor providing services to the Defense Department and federal government. The company just completed bargaining for an initial contract for a bargaining unit at Ft. Bliss, Texas, and secured extremely favorable terms for the company. NLRA represented the company and led the bargaining team. They engaged the International Association of Machinists and Aerospace Workers’ long-time business agent with tenacity and dogged determination. NLRA completed the agreement several months ahead of AITC’s expectations. Most importantly, they came in well under the projections the company set for the agreement.
AITC praised NLRA for this great result. But there is no rest for the wicked, and in this case the wicked refers to NLRA’s team for the way they haunted the IAMAW on behalf of their client. AITC is now looking to NLRA to achieve the same great result as its existing agreements around the country expire.
KE Seifert Successfully Scares Away SMART Local 19
KE Seifert. an HVAC and plumbing company in Langhorne, Pennsylvania received a petition from the NLRB on June 22, 2020. Seifert engaged NLRA for its campaign management services. NLRA Managing Partner, Jim Allen has a long history battling Local 19, and he decided one more round would be fun.
The first task was to train the company’s supervisor’s and create a campaign plan. Jim started an information campaign immediately, simply relaying the undisputed facts to Seifert’s employees, and Seifert’s management executed the process perfectly. Following this initial information blitz, Jim organized company-led captive audience meetings, which allowed company leadership to directly address the employees. The company stuck to providing factual information, and it provided the direct source for everything it put out to allow complete transparency and fact-checking.
The old saying goes “the truth shall set you free!” This is precisely what occurred, and Seifert soon reaped the benefits of its transparency. The union support within the ranks plummeted, as a result Local 19 was left with a difficult choice. In short, they could stay the course and lose, or they could withdraw the petition. They chose to withdraw, so the threat against Seifert disappeared.
Withdrawals simply do not occur in cases where a company is not an employer of choice. Seifert benefited from its own record of solid employee relations, so the ground was fertile for NLRA’s strategy. Jim brought his expertise to bear, however, it was Seifert’s rich history that set the stage for this great victory. You cannot lose an election you do not have! Congratulations Seifert, above all keep up the good work.
Success Breeds Success
The above are just a few examples of the great work NLRA advocates do each and every day on behalf of their clients. 2020 has seen several amazing victories garnered trough hard work and collaboration with our clients. NLRA prides itself in the level of advocacy it provides to each and every client. As a result, we look forward to even more success for even more clients the second half of 2020.
Should you find yourself facing labor relation issues, union difficulties, or simply want to review your labor strategy, please reach out to us. We are always here to help. Click here to schedule a free, no-obligation consultation.
