National College Players Association - United Steelworkers

Fired from a railroad car repairfacility for participating in aUSW organizing drive, FaithClark knows firsthand the delayingtactics employers use to harassand threaten workers who supportunionization.The former shipping clerk fromDubois, Pa., told the National LaborRelations Board (NLRB) that she supportsnew rules the agency proposed tostreamline the current election processthat companies now abuse.Clark told the board that managementthreats and maneuvers delayedan election for nearly a year at RescarInc., frightening workers and erodingtheir willingness to support the union.“They were threatening and scaringa lot of people,” said Clark, whowas singled out for weekend duty and“onerous” outside work apparentlybecause she supported the union.“Guys would come up to me andsay, ‘oh that’s not right, how they treatyou,’ ’’ she testified.NLRB proposes new rulesThe board is expected to voteon a final rule later this year afterpublic comments are considered. Ifmade permanent, the new rules couldsignificantly cut the election periodby simplifying procedures, deferringlitigation, allowing electronic filingof petitions and other documents andsetting shorter deadlines for hearingsand filings.“The current rules give employersall the options and discourage workersfrom having a fair and timely election,”said International President LeoW. Gerard.The USW was contacted in October2007 by some of Clark’s co-workerswho were concerned about poorand dangerous working conditions.A petition for an NLRB election wasfiled in February 2008. The electionwas held in October 2008.Strong support dwindlesSupport for the union was strong atfirst. More than 60 percent of eligibleemployees signed authorization cards.But when the vote was held, the unionlost by 61 to 25.“By delaying the election, thecompany had time to work on everybodyand work everybody down,”Faith ClarkClark told the board.Management hired a unionbustinglaw firm, held captive audiencemeetings and threatened toeliminate benefits including 401(k)accounts, the only available retirementplan. Pro-union employeeswere prohibited from distributinginformation during the campaignwhile supervisors constantly passedout anti-union flyers.Rescar tried to exclude Clark,an internal organizer and outspokenUSW supporter, from participatingin the voting by falsely claimingshe was a supervisor. That tactic, intendedto taint the organizing efforts,forced hearings that unnecessarilydelayed the election.The company next tried to addadditional employees to the bargainingunit who did not belong, andwhen it lost on those issues, furtherdelayed a vote by committing unfairlabor practices.Management delays typicalRescar sought hearings for seeminglyany reason. When hearingswere scheduled, the company soughtpostponements and presented dozensof exhibits to force additional hearings.Clark is convinced she wasterminated after the vote because ofher support for the union. When sheand the USW filed charges againstthe company, her co-workers wereso afraid of retaliation that no onewould testify on her behalf.The company settled the caseprior to a hearing. But Clark’s unemploymentbenefits are exhausted andshe continues to search for a new jobwith comparable pay and benefits.USW Organizing Director MikeYoffee said employer delays of thetype Clark encountered are typical incontested election campaigns.“We had more than majority supportof signed cards at Rescar whenthe petition was filed, but repeatedchallenges of eligibility, multiplehearing requests and delay tacticswear down union support prior to thevote,” Yoffee said. “The proposedrules are a step to remedy this unfairnessto workers.”USW@Work • Fall 2011 25