An administrative judge for the National Labor Relations Board ruled
that Mercedes-Benz U.S. International Inc. violated the organizing
rights of workers at its Vance, Ala., plant by not allowing the
distribution of union literature in common areas during off-work hours.
A charge initially filed Sept. 3 alleged the automaker violated the
National Labor Relations Act, citing a number of complaints of unfair
labor practices. Judge Keltner Locke dismissed all other complaints in
the charge, saying Mercedes took “prompt remedial action.”
But Locke in the ruling issued last week found Mercedes violated the
act when it told employees they could not disseminate union materials in
the plant’s atriums and team centers, which he determined were
mixed-use areas. The company also was found in violation for
“maintaining a solicitation and distribution rule which employees
reasonably could understand to prohibit all solicitation in work areas.”
The ruling did not impose any penalties but said Mercedes must amend
its solicitation and distribution rule to make it explicit that
employees off the clock may solicit other employees also not on work
time.
In an e-mailed statement, Mercedes said Locke affirmed the company’s
stance that it did not violate workers’ rights and did not threaten or
harass workers.
“The judge also stated that MBUSI truly sought to be neutral at all
times and not to interfere with Team Members,” the statement added.
“There are aspects of the ruling that we don’t agree with and we are
evaluating next steps.”
An administrative judge’s decision can be appealed to the NLRB in
Washington. If no appeals or exceptions are filed, the ruling becomes an
order of the NLRB and thus is binding legal precedent.
The UAW has been making efforts at the Vance plant similar to those
it made to promote the vote to organize at the Volkswagen plant in
Chattanooga. German union IG Metall has been making house calls to Vance
employees and collecting signed cards in support of the UAW since 2011.
The UAW had no immediate comment on the ruling. The Detroit News reported the findings on Monday.
Don White, a material handling team member who has worked at the
plant for 19 years, said he was a party to one of the complaints.
He and other employees were told they were not allowed to hand out
union literature in the atrium during nonproduction hours, and plant
security told them to go outside the facility’s gate.
After consulting with labor lawyers who told them that they did have
the right to solicit in common areas during off hours, White and other
employees submitted their complaint.
“We’re allowed to talk about church, football, anything else,” White
said. “There has been a lot of intimidation to keep us from trying to
organize.”
He said that while he considers Mercedes a great place to work and
said the judge’s ruling was fair, he was bothered by the fact that the
company was found guilty of violating federal law, yet still came out
saying it was neutral.
“[The ruling] really opened people’s eyes to see that if something
unlawful is going on, there is an avenue to deal with it,” White said.
from here
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