NLRB NEWS: CONNECTICUT - National Labor Relations Board

July 2011Page sixRegion 34 RepresentationStatistics - FY 2010: Representation electionswere conducted in 55cases. 91% of elections wereachieved by way of anelection agreementbetween the parties. 96% of elections were heldwithin 56 days from thefiling of the petition. Initial elections wereconducted in a median of38 days from the filing ofthe petition.Region 34 Unfair LaborPractice Statistics - FY2010:407 unfair labor practicecharges were filed.35% of the charges werefound by the HartfordRegional Office to bemeritorious.84% of the meritoriouscases were settled priorto hearing.100% of litigated caseswere won before eitheran administrative lawjudge or the NLRB.NLRB NEWS:ConnecticutParksite saga finally ends with Union contractA four-year journey by a small group of dedicated Teamster membersemployed by The Parksite Group in South Windsor finally ended with thesigning of a union contract in June 2011. The case began in 2007 whenthe drivers and warehousemen employed by Ryder at Parksite’s SouthWidsor distribution center voted in an NLRB election to be representedby Teamsters Local 671. Shortly after Ryder and the Teamsters enteredinto a union contract covering those employees, Parksite terminated itscontract with Ryder and took over all distribution operations at the SouthWindsor facility. Although Parksite hired a majority of the former Ryderemployees, it refused to hire 10 employees who were the most activeunion supporters while employed by Ryder.Following an administrative investigation, the Hartford RegionalOffice issued an unfair labor practice (ULP) complaint alleging thatParksite’s refusal to recognize the union and hire the union supportersviolated the National Labor Relations Act (NLRA). The Hartford officealso took the highly unusual step of seeking an injunction in FederalDistrict Court requiring Parksite to immediately recognize the Union andhire the 10 union supporters. The ULP allegations were tried before anNLRB administrative law judge (ALJ), who issued a decision inNovember 2008 finding that Parksite had violated the NLRA as alleged inthe complaint. In January 2009, the Federal District Court granted theinjunction request in full, ordering Parksite to immediately offerreinstatement to the 10 former Ryder employees who were not hired,displacing, if necessary, any other hired or reassigned employees, and toimmediately recognize and bargain with the Union. In September 2009,the NLRB affirmed the ALJ’s decision, finding that Parksite violated theNLRA as alleged in the complaint (reported at 354 NLRB No. 90). TheNLRB’s decision was subsequently enforced by the Second Circuit Courtof Appeals in January 2010, effectively ending the lengthy legalproceedings.Following almost a year of bargaining after the appellate court decision,as well as further ULP charges filed by the Union alleging that Parksitehad engaged in bad faith bargaining during such discussions, Parksite andthe Union entered into a signed collective bargaining agreement in June2011, bringing the saga to a successful conclusion.Hartford Field Attorney Jennifer Dease litigated the case on behalf ofthe Hartford Regional Office in both District Court and before the ALJand the Board, and Hartford Compliance Officer Dina Emirzian wasinstrumental in securing compliance with the terms of the enforced Boardand Court Orders.