Last month, a California Agricultural Relations Board Administrative Law Judge threw out the result of a 2007 E&J Gallo’s Sonoma County vineyards employees election to oust the United Farm Workers (UFW) union as their monopoly bargaining agent.

The 2007 decertification election was the second time in less than five years the E&J Gallo's workforce voted to remove the unwanted UFW union from their workplace.  The judge ruled that the company failed to provide an accurate list to the UFW union bosses in the lead up to the election.  Unfortunately, the clear will of the employees and a 30-vote margin was ignored due to the scorned union bosses' exploitation of an apparent clerical error on the part of the company.

However, the case isn’t over yet.  National Right to Work Foundation attorneys are helping lead petitioner Roberto Parra appeal the judge's erroneous decision.  Of course, the Foundation will keep you informed on any developments in this case and others on our website and on our Freedom@Work blog.

UAW Tries to Block Employee Election to Toss Out Union at JCIM Grand Rapids

Meanwhile, UAW operatives work to pressure employees at Holland JCIM plant into union ranks

Grand Rapids, MI (January 13, 2009) — A majority of Johnson Controls (JCIM) employees at the Talon Court facility in Kentwood have filed a decertification petition seeking an election to oust the United Auto Workers (UAW) union as the JCIM workers’ monopoly bargaining agent, but UAW union lawyers argued in a formal hearing yesterday that the employees should be barred from access to a decertification election.

JCIM worker Dawn Lambert filed the decertification petition with the National Labor Relations Board (NLRB) seeking a secret ballot election to determine whether or not a majority of the workforce wants to retain the UAW union as their monopoly bargaining agent. Under federal labor law governing the private sector, when a union hierarchy has been granted monopoly bargaining authority, it is illegal for any present or future employees – whether they are members of the union or not – to negotiate with their employer for themselves unless they can prove that the union hierarchy does not retain majority support.

A clear majority of the employees at the Talon Court facility in Kentwood have now expressed their intent to remove the UAW. National Right to Work Foundation staff attorneys have also sent a letter to JCIM management demanding that it cease further contract negotiations and also withdraw recognition of what is now a minority union at Talon Court. Under the law, recognizing and negotiating with a union that does not have majority support is an unfair labor practice.

(Continue reading this news release...)

We've just released a mini video segment on the Foundation's ongoing efforts to hold union officials liable for a campaign of intimidation and harassment against Patricia Pelletier, a Connecticut worker who successfully initiated a decertification election to eject an unwanted union from her workplace. Union hotheads even planted crack cocaine in her work area to try to get her fired. Check it out:

For more background on the case, the Foundation's press release is available online here. The Hartford Courant's coverage of the Foundation's pending lawsuit is available here.

As always, check back at the Foundation's YouTube Channel for more Right to Work video updates.

In early June, Foundation staff attorneys moved to block an injunction intended to force unwilling workers back into a union they'd already chosen to toss out.

Despite the fact that the vast majority of employees at a Narricot Industries facility in Norfolk, Virginia (a) did not belong to the United Brotherhood of Carpenters and Joiners Local 2316 and (b) overwhelmingly signed on to a union decertification petition, union bosses sought to retain monopoly bargaining privileges with a series of last ditch unfair labor practice charges leveled against the workers' employer. Among other things, union lawyers claimed that Narricot Industries' alleged unfair labor practices somehow incited employee opposition to the union's presence. (For the full story, check out the Foundation's press release here).

After examining the case, Foundation staff attorneys determined that employee disatisfaction with the Carpenters Union clearly predated allegations of unfair labor practices. Accordingly, the Foundation filed a motion to intervene in the District Court's hearing to defend employees' decision to eject the union from their workplace.

Yesterday, the District Court ruled in favor of the employees, finding that company misconduct had nothing to do with workers' decision to eject the union. The court also concluded that imposing union representation on unwilling employees for the duration of the NLRB's unfair labor practice investigation would violate workers' rights to not associate with an unwanted union. Here's the crux of the court's decision (.pdf):

The presence of the employee intervenors in this action in opposition to the imposition of an injunction, as well as the facts in the record which show that the employees, not Narricot, initiated the effort to remove the Union, have convinced the court that imposition of an injunction mandating the recognition of the union would not be just and proper.

With the NLRB and the union bosses aligned against them, Narricot employees really dodged a bullet. For now, at least, they're free of the unwanted union.

In Wisconsin today, a local newspaper reported that employees at Woodman’s Food Stores in Janesville and Beloit will likely be granted a decertification vote to oust the unwanted United Food and Commercial Workers Local 1473 union.

The GazetteXtra reported:

“We’re going to do what the employees tell us to do,” [company president Phil] Woodman said. “We’re going to do what’s in the best interests of the employees.”

The secret ballot election (scheduled for next week) comes after the National Labor Relations Board held hearings on the validity of the employees’ decertification petition.

UFCW Local 1473 officials delayed the workers’ vote after they asked the grocery store chain for records and files on over 2,100 employees at the 11 Woodman’s stores.

Such “blocking” tactics are not unusual for UFCW union officials to use, as recently witnessed by grocery employees in Illinois.

There, National Right to Work Foundation attorneys helped over 300 Treasure Island grocery workers win a vote to oust the unwanted UFCW union from their workplace, after UFCW union lawyers blocked a decertification election for nearly three years.

Nurses at the Pomona Valley Hospital Medical Center in California are today filing a decertification petition, which is a fancy way of saying they're asking for an election to kick out the unwanted SEIU Local 121RN union.

This should come as no suprise as the National Right to Work Foundation helped a nurse at the facility hit Local 121RN with federal charges for threatening nurses with arrests, jail, and fines for refusing to walk off the job during a union-ordered strike. Some union "representation."

Union operatives also distributed a threatening flier, despite a claim to the contrary by a top union official.