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In the News...
August 2009
Despite repeated efforts by the National Labor Relations Board, Consolidated Biscuit Company (CBC) has continued to wantonly break the law.
Since the BCTGM's initial organizing drive at CBC's McComb, Ohio facility in 2002 the company has repeatedly broken federal labor law and violated the rights of its workers to organize. The NLRB got CBC to agree twice (in out-of-court settlements) to promise to follow the law during BCTGM organizing efforts. The NLRB also won a favorable decision in December 2008 from the US Court of Appeals (the nation’s second highest court) reinstating, with backpay, CBC employees and union supporters who had been illegally fired for their organizing activity. The Court not only ordered CBC to put the workers back on the job, but also ordered them yet again to stop harassing the workers and otherwise breaking the law.
At the time of the court decision, the regional office of the NLRB said the company would be in contempt of court if they violated the courts order.
So, what did CBC do? They demonstrated their total disregard for the law, the NLRB and the court by promptly harassing the reinstated workers and violating the terms of both the previous settlements as well as the court order. When the regional office of the NLRB again filed a complaint (the equivalent of an indictment) against the company, but hesitated to enforce the law (proposing yet another slap on the wrist), BCTGM asked that the case be forwarded to Washington.
If a company violates a settlement agreement with the NLRB (agreeing not to further violate workers’ rights), or defies a decision by the federal court of Appeals enforcing a decision by the judicial side of the National Labor Relations Board, the enforcement side of the agency is suppose to ask the Federal courts to find the company in contempt of court. That effectively puts the company under the supervision of the court and substantially raises penalties for continued violations of the law.
However, sometimes the regional enforcement arm of the NLRB is reluctant to take such a step. That happened at CBC where the region proposed to slap CBC on the wrist after issuing a formal complaint that the company had violated prior agreements and a Court of Appeals decision. The union objected to this slap on the wrist and asked the region to refer it to Washington.
There the Office of Contempt in the NLRB Division of Enforcement is reviewing the case. If they agree with the union and the NLRB region that CBC has grossly violated the court order and previous settlements, the Office will go to the Federal court in Ohio and ask them to find CBC to be in Contempt of Court. Such a decision by the court would effectively put CBC under court supervision and substantially raise penalties for further violations of workers’ rights. Under such supervision, CBC workers might finally be able to organize free of fear and intimidation by management.
May 2009 —
A Third COMPLAINT was issued by the National Labor Relations Board against Consolidated Biscuit Company. It still hasn't been decided whether or not the Board will seek a CONTEMPT Order or just hold another trial. In any event, this is the reason no new election has been scheduled in McComb, Ohio.
For the third time the National Labor Relations Board Region 8 has issued a Complaint indicting Consolidated Biscuit Company of violating the National Labor Relations Act.
Some of the charges in the complaint were as follows:
- Management illegally removed pro-union literature while allowing anti-union materials remain in the employee’s break-room.
- Supervisors threatened workers with job loss if they chose union representation.
- Supervisors threatened workers with plant closure if they chose the BCTGM as their collective bargaining representatives.
- Management threatened employees with difficulties with Immigration and Naturalization Service if they selected union representation.
- Management made it widely known there would be a broad no talking rule due to union activities.
- Management coercively informed workers they would have difficult work assignments because of their union activities.
- Management coercively informed employees they would be observed under closer scrutiny of their activities.
- Management coercively informed employees they were under surveillance.
- Management unlawfully limited access of off duty employees to non-work areas by coercively instructing off-duty employees who were handbilling pro-union materials to move off the property.
- Supervisors coercively interrogated employees about their union sympathies.
- Management harassed BCTGM supporter Bill Lawhorn.
- Management interfered with, restrained and coerced employees in the exercise of their rights guaranteed in Section 7 of the Act.
The National Labor Relation Board has not made a decision on whether or not to seek contempt charges against CBC or seek yet another settlement—which will only require the company to post a small notice stating they will not violate the law again.
Workers rightfully believe that the company has totally destroyed the so- called “laboratory conditions” for employees to vote for BCTGM representation free and fair of retaliation by CBC management.
This is another example of why the Employee Free Choice Act needs to become law!
February 4, 2009
Lobbying Starts over Unionization Bill
Union members and businesses kicked off competing lobbying blitzes on Capitol Hill today over a bill that would make it easier for workers to form unions.
The measure is a top priority for organized labor, which says it would keep businesses from harassing and firing workers who want to form unions. Businesses adamantly oppose the measure, saying it would reduce employee privacy and allow unions to bully workers into joining them.
Click here to read the rest of this story at blog.cleveland.com...
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January 7, 2009
Can Labor Revive the American Dream?
The financial markets are in tatters, consumer spending is anemic and the recession continues to deepen, but corporate America is keeping its eyes on the prize: crushing organized labor. The Center for Union Facts, a business front group, has taken out full-page ads in newspapers linking SEIU president Andy Stern to the Rod Blagojevich scandal. The Chamber of Commerce is capitalizing on the debate over the Big Three bailout to claim that "unions drove the auto companies off the cliff," while minority leader Mitch McConnell and other Republican senators insist on steep wage cuts. A December 10 Republican strategy memo revealed their central obsession: "Republicans should stand firm and take their first shot against organized labor," the memo read. "This is a precursor to card check"--a clear reference to the Employee Free Choice Act...
Click here to read the rest of this story at thenation.com...
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December 3, 2008
BCTGM Press Release:
Fired employees Bill Lawhorn and Russ Teegardin will be met by co-workers when they return to work today at Consolidated Biscuit plant between 1:30-2:00p.m.
CBC Ordered to Rehire Workers, Comply with Order or Face Contempt Charges!
December 3, 2008 - After more than six years, justice will finally prevail at Consolidated Biscuit Company (CBC) in McComb, Ohio when workers who were fired for their effort to join the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union (BCTGM) return to work today.
Click here to read the entire Press Release...
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Fired union supporters allowed back to work (Toledo News Channel WNWO NBC24)
On Wednesday, workers welcomed Bill Lawhorn and Russ Teegardin back to Consolidated Biscuit Company in McComb.
They were among seven people who were fired six years ago while trying to unionize the plant. "We had an election. I was fired the day after the election," said Lawhorn.
An appeals court agreed that the company wrongfully fired Lawhorn and Teegardin for attempting to organize. The court ordered the company to re-hire them with six years back pay, plus interest...
Click here to read the rest of this story at toledoonthemove.com...