United States: Union victory against company’s unfair labour practices

23 March 2020 08:55


A BWI affiliate in the United States won a favourable ruling from the National Labour Relation Board (NLRB) after several of its members were laid off as a response to a union certification it filed on the 6th of May 2019 covering approximately 115 production and maintenance employees.  

On June 2019, the International Association of Machinists and Aerospace Workers (I AM)- District Lodge 65, filed several unfair labor complaints against the Cascades Containerboard Packaging-Niagara company for refusing to enter into collective bargaining with its workers, unlawful layoffs and subcontracting regular work, among other issues.   

The workers also said that, after they organised, the company refused to distribute its monthly reports and reduced their profit-sharing payments. 

The cases went to trial in December 2019, and in all cases, the judge found that the company had violated the National Labour Relations Act. The judge ruled in favour of union organizing and collective bargaining, and against anti-union lay-offs and sub-contracting schemes. It also ruled that the company’s profit-sharing payments to union members will not be reduced and/or changed in any way that is detrimental to their interests, and monthly profit information shall be made available to workers. 

The workers will also be compensated for loss of earnings, adverse tax consequences, and other losses resulting from the 2 weeks of layoffs, subcontracting a bargaining unit janitorial position and unlawfully changing their profit-sharing plan payments. Backpay will also be made available to the workers, with the company filing a corrected report to the Social Security Administration. 

Mike Rose, Chief of staff of the woodworking department of the Machinists lauded the administrative law judge’s decision. “These practices are typical anti-union tactics and not good-faith bargaining.  We are glad that the judge found the company guilty and that justice was rendered to our members. We now call on the management to refrain from committing more unfair labour practices in the future and start serious negotiations with the union to improve the working conditions of the workers which, in turn, will result to better productivity and profit.”