NLRB judge sets aside union vote
at Snap-On
By Kathy Helms-Hughes
STAR STAFF
khughes@starhq.com
An administrative law judge, in an April 22 ruling
stemming from a labor organization challenge regarding last
year's union vote at Snap-On Tools Inc. of Elizabethton, has
found that the company engaged in unfair labor practices and
objectionable conduct prior to and during the March 21, 2001,
vote.
George Carson II of the National Labor Relations
Board Division of Judges in Atlanta tried the case of Snap-On
Tools Inc. and International Union, United Automobile, Aerospace
& Agricultural Implement Workers of American, UAW, during
the week of Feb. 11-14, 2002, in Elizabethton.
Carson found that objectionable conduct by Snap-On
interfered with employees' free choice of representation and
ruled that the election must be set aside and a new election
held.
Gary Oldenburg, plant manager at Snap-On, said
in an announcement to employees that the company disagrees
with the judge's decision and will ask the NLRB in Washington,
D.C., to reject his recommendation.
"Despite the UAW's legal maneuvering, this facility
remains union-free. We will ask the National Labor Relations
Board to uphold the election held last March. While our appeal
is the next step in the legal process, it will most likely
not be the final step," Oldenburg said.
Following the March 21 election, a tally of ballots
reflected the union received 100 votes whereas 107 employees
voted for no representation. There were 10 challenged ballots.
Following opening of the April hearing, the parties involved
agreed to waive all challenges and open the 10 contested ballots,
which revealed the union lost by three votes, 110-107.
The UAW alleged in its complaint that prior to
the election, the company engaged in surveillance, granted
benefits to employees and announced benefits to retirees in
order to discourage employees from supporting the union, and
created the impression that union activities would invariably
lead to strike violence. Following the election, the complaint
alleges that the company issued a discriminatory warning to
known pro-union employee David Markland and directed employees
not to speak to other employees about an altercation on the
plant floor in order to prevent employees from engaging in
protected concerted activity.
In his ruling, the judge ordered the company
to cease and desist from:
* Engaging in surveillance of employee union
activities protected by Section 7 of the National Labor Relations
Act;
* Granting benefits to employees and or announcing
retiree benefits to employees in an effort to discourage employees
from supporting the union;
* Warning or otherwise discriminating against
any employee for supporting the UAW or any other union; and
* In any like or related manner interfering with,
restraining, or coercing employees in their exercise of the
rights guaranteed by the federal act.
The judge ruled the company must, within 14 days
from the date of the order (April 22), rescind the discriminatory
warning issued to Markland, and within three days thereafter,
notify him in writing that this has been done and that the
warning will not be used against him in any way.
The company also was ordered to post a notice
to employees at its Elizabethton facility, within 14 days
of the NLRB order, stating that the NLRB found "that we violated
federal labor law." The notice also outlines employee rights
under the law, promises that the company will not engage in
unlawful or objectionable activities, states that it will
rescind the warning issued to Markland, and will not interfere
with employee rights.
The UAW alleged that the company engaged in surveillance
activities by videotaping employees union handbilling at the
plant gate. Guardsmark security employee Polly Grindstaff
testified that prior to handbilling activities On Jan. 29,
2001, it was normal for the surveillance camera to pan back
and forth during shift changes. Grindstaff said the camera
was switched to panning mode about a half hour before shift
change to monitor employee conduct in the parking lot, such
as dropping bubble gum on the hoods of cars in hot weather
and recording accidents for which there might need to be a
record, or catching "employees coming in late or something
like that."
Ron Hendrix, union representative, testified
that when employees were present handbilling, "90 percent
of the time" the camera would be pointed at the gate where
they were handbilling and that employees would comment, "we're
on Candid Camera." Hendrix observed that some potential recipients
of the handbills offered by the union, "if they were right
there where the cameras would see them, they wouldn't take
handbills." However, Hendrix said, when cars were lined up
out of camera range before the gates opened, some of the employees
would take the literature.
Grindstaff did not contradict Hendrix's testimony
and admitted that there were no incidents of trespass or violence,
nor did she receive any reports of improper driving.
On Sept. 11, 2001, the company advised employees
by letter that it was changing insurance companies and that
their deductible and weekly employee contribution for medical
benefits were being increased. Following the announcement,
several employees learned that their physicians were not in
the new health insurance network and complained to Human Resources
Manager Carletta Chamberlain, who communicated the concerns
to the company's headquarters in Wisconsin. The company took
no action to recruit physicians into the Aetna network and
advised employees it was their responsibility to recruit their
physicians.
According to the judge, the issue exploded in
January 2001 when employees who previously had been unaware
of the significance of the change found that they would be
required to make copayments of 30 percent to their non-Aetna
physicians.
At Chamberlain's urging, Paul Prickett, director
of Corporate Benefits, came to Elizabethton and addressed
employees on Jan. 24. Employees testified that Prickett told
them they should contact their physicians and "appeal to their
sense of loyalty" in an effort to recruit them to Aetna and
also told employees "we were just going to have to live with
it."
On Feb. 2, the company distributed an undated
memorandum from Oldenburg and Chamberlain advising that the
company "is committed to resolving the problems you are experiencing
with your health care coverage." The memo also stated that
for the next 120 days, the company would "advance you funds
and allow you to repay us once you have been reimbursed by
Aetna" if a provider demanded up-front payment, and committed
to "provide for 90 percent coverage for those providers out
of network under the Aetna plan parameters."
Michael Bryant, president of the UAW Local Union
representing hourly workers at the Snap-On plant in Johnson
City, testified that employees at that location were experiencing
the same problems but were not offered or granted the 120
days of financial assistance announced at Elizabethton.
The judge found that the company's actions were
done in an effort to discourage its employees from supporting
the union.