Boilermakers Union wins....

[Lee Borgersen]

National Labor Relations Board directs Terex to reinstate 13 terminated workers.
 
Aug 31, 2018


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Boilermakers Union wins bargaining order at Minnesota plant.

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Construction equipment manufacturer ASV Inc., dba Terex, charged with coercing and threatening its employees to prevent them from having a union, must reinstate the 13 workers it terminated in 2014, pay them back wages, recognize and bargain with Boilermakers Local 647 (Minneapolis) and take other corrective action after a decision by the National Labor Relations Board Aug. 21.

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In its 2-1 decision, the board upheld the June 9, 2015, ruling of Administrative Law Judge David I. Goldman on the matter. Goldman had found that the company committed unfair labor practices against employees who were trying to organize an assembly unit at Terex’s Grand Rapids plant. Those practices included threatening to shut down the plant and terminating employees who were exercising their legal right to protected concerted activity, among other violations. The union had argued that the company’s coercions and threats illegally impacted the representation election held in 2014 for the assembly unit.

In his 2015 ruling, Goldman also issued a Gissel bargaining order, requiring Terex to recognize the Boilermakers as the assembly unit’s sole and exclusive bargaining agent and to enter into contract negotiations with the union. Gissel orders are directed when it is determined that a rerun election cannot be freely and fairly conducted due to the severity of "unfair labor practices".

The NLRB decision also upholds Goldman’s order that Terex post notices at the plant that it will refrain from further coercive and threatening activity directed against its employees in connection with union organizing.

“The NLRB decision upholding Judge Goldman’s ruling renders justice not only for the 13 workers who were unlawfully terminated by Terex, but for all Terex employees at the Grand Rapids plant who were coerced and threatened by the company,” said Tyler Brown, Executive Director of the Boilermakers’ Industrial Sector Operations. “Our hope is that Terex will abide fully by the board’s decision and engage with the union in reaching a fair first contract for the assembly employees.”

Boilermakers Local 647 has represented workers in the paint department at Terex’s Grand Rapids plant since June 2014.
When contacted by the Herald-Review, ASV representatives said the company is evaluating the board’s decision and has no further comment at this time.

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[LPS]

 

[Rebel SS]

Way ta go, Glenn! 

[Gunner55]

  glenn has been heavily involved with this & the Gissel order that was just issued in the last week or so is why he was up here all of last week. He said they met with all but 1 of the 13 people that this affected most.  That individual has some major legal concerns going on now & they weren't able to reach him in person. 

[Rebel SS]

Think of all the back pay....

[glenn57]

thanks guys!!!!!!! and THANKS LEE for posting this!!!!!!!! you da man!!!!!!! yea its been a hellofa ride. not only the backpay, but vacation lost, any tax implications, usually when you get a huge check the taxes are way higher, the company has to pay that,any differences is Ins COSTS!!!!!!!!

there 14 days is coming up tomorrow or wed, so...………………...

[Gunner55]

We were talkin about that, he said those 13 could easily be getting a 6 figure check & that they were lookin into ways that they could keep the IRS from taking more of it than they had too. See ya beat me to it, 57. I'll post it anyhow.

[mike89]

go get them Glenn!!!!

[Rebel SS]

go get them Glenn!!!!

He already did! 

[LPS]

Ya good job Glenn!!! 

[glenn57]

thanks. yea with the Trump board we weren't so sure we wanted to really hear but...…….. justice as served. 

[Rebel SS]

Go get the Chump, Glenn! He's whacko!! Cooked! Flaked out! Crackerdog! 


https://www.kaaltv.com/news/trump-attacks-union-leader-labor-day-president-donald-bo-bonald/5056111/?cat=10151

[glenn57]

yea I read that this morning. he aint worth my time!!!!!!!!

this company hired a big shot lawyer from out east to fight us. that company has to have paid him 6-7 digit dollars. they would of better off with us.

[Rebel SS]

Q: Why did God make snakes just before lawyers?
A: To practice.

                 

[Bobberineyes]

Good deal Glenn and congrats, not to often good things swing in our favor like this one.. Keep it up!!

[Boar]

Great job glennoreeno!!!!!!

[Steve-o]

Jeez, Glenn, by they way everyone talks around here I was convinced you spent yer days with yer feet up on the desk lookin' out the winder'.   

Back pay is nice, but it must have sucked scrimping to get by while all that was going on.

[glenn57]

Jeez, Glenn, by they way everyone talks around here I was convinced you spent yer days with yer feet up on the desk lookin' out the winder'.   

Back pay is nice, but it must have sucked scrimping to get by while all that was going on.

just goes to show.......yea cant believe anything these clowns say about me!!!!!!

[glenn57]

not knowing for sure if the holiday is counted in the 14 days but by the end of business tomorrow dey best decide. they do actually have one more step in there process. that is appeal it to the federal appeals courts. but as i understand it if an ALJ and the board in washington generally rule in the same direction, the chance of it being overturned is pretty slim unless they get some wacko judge.

[Steve-o]

...the chance of it being overturned is pretty slim unless they get some wacko judge.

Then they're screwed.

Too many wacko judges.

[glenn57]

at this point we are pretty confident. if they appeal the timeframe keeps ticking, more backpay etc.

[glenn57]

    just as we suspected, our International Rep got an email last nite, there still not admitting defeat. the company is going to file for reconsideration because specialty healthcare was booted during the process. no news of reinstating the 13 yet. more work for a $400.00 per hour attorney. DAT GUY must have a really nice boat by now!!!!!!!!

[mike89]

sail boat most likely.............

[Rebel SS]

 

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[glenn57]

so another update on this!!!!!!! back in december we got word that the NLRB rejected the companies request for reconsideration, only thing the union needed was the  enforcement portion or summary judgement. about 10 days later....right before christmas we got that.

the company had till jan 7th to inform the board if they were going to comply with that order, if not it would be sent to the U.S. court of Appeals. my plan is to go up on the 15th to put a new first contract proposal with out new union members. and still plan on this!!

well guess what, and really no surprise but apparently we are headed to court. this attorney from out east is sure making some money off this company. and this week they went down to a 32 hour work week. granted it may not be the companies fault as when of there key suppliers went out of business. still...........the picture doesnt look good.   the money this company has shelled out to this attorney, these employees could be making 35 bucks an hour, easy.

[Steve-o]

...the money this company has shelled out to this attorney, these employees could be making 35 bucks an hour, easy.

Yeah, but that's a different pot of money.   

[glenn57]

...the money this company has shelled out to this attorney, these employees could be making 35 bucks an hour, easy.

Yeah, but that's a different pot of money.   

yea the corporate greed..................and there fear of losing control!!!!!!!!!!

den dey get to deal wit me!!!!!!!!!!

[Rebel SS]

...the money this company has shelled out to this attorney, these employees could be making 35 bucks an hour, easy.

Yeah, but that's a different pot of money.   

yea the corporate greed..................and there fear of losing control!!!!!!!!!!

den dey get to deal wit me!!!!!!!!!!

 

[glenn57]

WOW........... had to dig deep in the wood pile to find this.  but  its over. those fired employees and the union win!!!!!

the NLRB, Union and company have reached a stipulated agreement on closure to this. so we are in the process of calling the 13 illegally terminated employees to give them the good news. 

not only will the company recognize the union as the bargaining agent for the Assembly dept, the 13 guys should by the end of the month recieve there check. depending on the circumstances and information supplied to the NLRB checks will range from 5 grand to 174,000, with most in the 40 to 75 grand range.

NOW i get to go up this summer to negotiate an agreement. bummer the cabin is so close!!!!!!!!

[Bobberineyes]

That's great news Glenn,  bout time you earn yur keep!!    Seriously tho, its a great deal for all us brotherhooods.  good work!