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CBC Ordered <strong>to</strong> Rehire <strong>Workers</strong>,<br />

Comply w<strong>it</strong>h Order<br />

D<br />

December 3, 2008—After more than six years, justice<br />

finally prevailed at Consolidated Biscu<strong>it</strong> Company<br />

(CBC) in McComb, Ohio when workers who were fired<br />

for their effort <strong>to</strong> join the BCTGM returned.<br />

On November 14, 2008, the U.S. Sixth Circu<strong>it</strong><br />

Court of Appeals ordered CBC <strong>to</strong> comply w<strong>it</strong>h the<br />

National Labor Relations Board’s (NLRB) Decision<br />

in <strong>it</strong>s entirety.<br />

This includes the<br />

CBC management comm<strong>it</strong>ted<br />

numerous violations of the<br />

National Labor Relations Act.<br />

reinstatement of fired<br />

union supporters Bill<br />

Lawhorn <strong>and</strong> Russ<br />

Teegardin. The Court<br />

further ordered full<br />

back pay for both<br />

Lawhorn <strong>and</strong> Teegardin w<strong>it</strong>h all lost<br />

wages <strong>to</strong> be paid, plus compounded<br />

interest.<br />

The NLRB has informed<br />

CBC that <strong>it</strong>s decision will now be<br />

enforced. If the company does not<br />

comply w<strong>it</strong>h the order, CBC will face<br />

Contempt Charges, which could cost<br />

the company thous<strong>and</strong>s of dollars in<br />

fines <strong>and</strong> possible jail time.<br />

The Board’s decision m<strong>and</strong>ates<br />

that the 2002 election results be set<br />

aside due <strong>to</strong> misconduct <strong>and</strong> orders<br />

a new election for CBC workers <strong>to</strong> be<br />

scheduled by the Regional Direc<strong>to</strong>r.<br />

BCTGM International President<br />

Frank Hurt reflected on this recent<br />

CBC vic<strong>to</strong>ry <strong>and</strong> the need for labor law reform. “This is<br />

the very reason why the Employee Free Choice Act<br />

must become law. It is an absolute disgrace what these<br />

workers went through because they wanted <strong>to</strong> become<br />

members of a union. It is <strong>out</strong>rageous that they were<br />

forced <strong>to</strong> wa<strong>it</strong> so long for justice <strong>to</strong> be served in modern<br />

America.”<br />

Long Battle <strong>to</strong> BCTGM<br />

In 2002, when workers at the Consolidated<br />

Biscu<strong>it</strong> Company (CBC) plant in McComb, Ohio<br />

decided they wanted a say in their working<br />

cond<strong>it</strong>ions, wages <strong>and</strong> benef<strong>it</strong>s that affect their lives<br />

<strong>and</strong> families, they called the BCTGM.<br />

Fired CBC workers Russ Teegardin (<strong>to</strong>p,<br />

center) <strong>and</strong> Bill Lawhorn (<strong>to</strong>p, right)<br />

were welcomed back <strong>to</strong> the bakery by<br />

co-workers on December 18th.<br />

Desp<strong>it</strong>e the company’s massive anti-union<br />

campaign, the major<strong>it</strong>y of more than 800 workers<br />

decided <strong>to</strong> exercise their right <strong>to</strong> form a union <strong>and</strong><br />

signed recogn<strong>it</strong>ion cards.<br />

In an attempt <strong>to</strong> s<strong>to</strong>p workers from exercising<br />

their legal right <strong>to</strong> sign union recogn<strong>it</strong>ion cards, CBC<br />

management comm<strong>it</strong>ted numerous violations of the<br />

National Labor Relations Act (NLRA). Questioning<br />

employees ab<strong>out</strong> their union activ<strong>it</strong>ies, spying on<br />

union events, threatening <strong>to</strong> move or close the plant<br />

if the union is voted in <strong>and</strong> threatening <strong>to</strong> reduce or<br />

eliminate wages <strong>and</strong>/or benef<strong>it</strong>s are among the 40<br />

complaints filed against the company after more than<br />

six months of investigation by the NLRB.<br />

January/February 2009 www.bctgm.org 3

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