PPG Wins Decision Against UAW
National Labor Relations Board Orders New Election
PPG filed objections to a certification election held on June 28, 2006, and to a hearing officers' report subsequent to that election. The UAW won the election 186-158 with 9 challenged ballots.
Under NLRB precedent, the third party standard for determining if an election should be overturned is threatening behavior that makes a free choice in an election impossible through a general atmosphere of fear or reprisal.
The company charged several instances of union supporters threatening other employees with bodily harm and damage to their property if they crossed picket lines. In total, there were about 30 employees who had either been threatened or learned of the threats.
The hearing officer to the original complaints by the company, determined that the employees doing the threatening were not agents of the union, but were third party actors. He deemed that these statements did not create a general atmosphere of fear or reprisal, as is the NLRB's standard for determining whether third party threats are sufficient enough to order a new election.
While the panel did not conclude the hearing officer erred in treating these union supporters as third parties and not agents of the union - several were members of the "voluntary organizing committee" - but did find the he had come to an incorrect decision.
In today's decision, the panel quotes one employee who stated he felt sorry for anyone who would cross a picket line because they would be subject to having their windshield broken out, tires slashed, and harm of a physical nature. Another person was quoted positing that a third employee 'looked like the type' who would cross a picket line and would have her tires slashed.
A second, secret ballot election, will be supervised and directed by the Regional Director of the NLRB
There were several other objections which were obviated by this determination, specifically whether or not the employees making threats should be considered agents of the union or third parties to the election. Because the third party standard is less stringent, having satisfied this standard, the panel saw no need to decide if the employees making threats should be considered agents.
According to the Courier & Press, the workers at this plant had narrowly defeated organizing a union in the mid-1990's.
SOURCES:
NLRB Decision: PPG Industries, Inc. and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW. Case 25-RC-10347 URL: http://www.nlrb.gov/shared_files/Board%20Decisions/350/V35025.pdf
UAW "Solidarity" URL: http://www.uaw.org/solidarity/07/0607/uf06.php
Bill Medley, "Close Vote Predicted for PPG" URL: http://www.courierpress.com/news/2006/Jun/28/close-vote-predicted-for-ppg/
Published by Mo Morrissey
Mo has a lifetime of experience as a suffering Red Sox fan, but is a general jack of all trades. View profile
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- The election was won by the UAW 186-158
- PPG alleged pervasive threats and an atmosphere of fear or reprisal
- NLRB agreed, overturned the election, ordered a new election
4 Comments
Post a CommentMo:
I read the NLRB decision and work at PPG Evansville. That report reflects nothing of the
reality at PPG. If you were to ask an Employee of PPG today what their #1 fear at work is
they would say: Will we lose our pensions or health insurance, will we have a job next
month? Of course PPG runs their threats through their legal department to make sure they
are veiled enough legally, but their message comes through loud and clear.
It was a tough break for democracy and the American worker. Another Republican
manipulated decision by the Bush NLRB. The election was supervised by the NLRB
and was held by secret ballot. It is nearly impossible to gain union representation
in today's political climate. We need the Workers free choice act!!!
Tough break for the UAW, but it's got to be made clear to all - workers voting in a representation election are to be treated with dignity and respect, period. Union representation is far too important to jeopardize it because a couple of hotheads can't exercise a little self-discipline.
BTW - excellent article, except I walked away still not knowing what PPG is!
SHOW UP!... any way;Employees,who are in harm way ;by other employees shouldn't have to feel like they are going to get hurt if they show up for work!...