{"id":1572,"date":"2005-07-19T00:00:00","date_gmt":"2005-07-19T04:00:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"-0001-11-30T04:00:00","slug":"thomas-built-buses-workers-appeal-preliminary-ruling-barring-them-from-objecting-to-election-misconduct","status":"publish","type":"page","link":"https:\/\/www.nrtw.org\/es\/thomas-built-buses-workers-appeal-preliminary-ruling-barring-them-from-objecting-to-election-misconduct\/","title":{"rendered":"Thomas Built Buses Workers Appeal Preliminary Ruling Barring Them from Objecting to Election Misconduct"},"content":{"rendered":"<p><strong>High Point, North Carolina (July 20, 2005)<\/strong> \u2013 A group of Thomas Built Buses (TBB) employees filed a motion late yesterday with the full National Labor Relations Board (NLRB) in Washington, DC, to allow them to bring some extraordinary last-ditch election misconduct to the attention of the agency.  The appeal of the NLRB Regional Director\u2019s refusal even to consider employee objections raises a core legal question that could determine to what extent employees \u2013 not just unions and employers \u2013 have an independent ability to assert their rights under the National Labor Relations Act. Two days before the June 29 election, Scott Evitt, Human Resources General Manager for Freightliner issued an explosive memo announcing that TBB hourly-paid employees would have to pay higher health insurance premiums starting September 1, 2005.  UAW union operatives quickly circulated copies of the Evitt memo around the facility with \u201cDID YOU SEE THIS\u00bb THE COST OF BEING NON-UNION JUST WENT UP!\u201d written at the top. The TBB employees allege that the last-minute intervention of their employer in announcing a major increase in benefit costs, tainted the election that granted United Auto Workers (UAW) union officials monopoly bargaining power over about 1,200 TBB employees. The workers objected to the extraordinary 11th hour move by the company, but the Regional Director refused to grant the employees\u2019 motion to intervene, and therefore never even considered whether the misconduct tainted the election.  Employees opposing unionization report that this last ditch intervention by the company swung a large number of votes in favor of the union \u2013 ultimately resulting in a vote of 714 to 508. Under long-standing law, an intervention of this nature intended to influence the election is illegal, and the proper legal remedy is to set aside the election as tainted. Not surprisingly, neither the company nor the union objected to the election result, so the employees asked National Right to Work Foundation attorneys to assist them in intervening. \u201cWe hope the Board recognizes that employees indeed have rights \u2013 regardless of whether company and union officials have cut a deal to undercut their freedom of choice,\u201d said <a href=\"mailto:shg@nrtw.org\">Stefan Gleason<\/a>, Vice President of the National Right to Work Foundation. \u201cHow can workers be denied the ability to challenge a tainted election when company and union officials seem to have acted hand in glove since the outset to turn the employees into dues-paying union members?\u201d Facing a formal complaint and prosecution by the NLRB, UAW and TBB\/Freightliner officials agreed earlier this year to cancel a company-wide sweetheart deal in which union officials had unlawfully bargained to limit workers\u2019 wage demands and made other concessions in exchange for Freightliner\u2019s assistance in coercing workers to unionize. Based on evidence provided by Foundation attorneys, the NLRB\u2019s General Counsel also found that TBB\/Freightliner officials provided unlawful assistance to the union and held unlawful \u201ccaptive audience\u201d speeches jointly with union officials to coerce employees to sign union authorization cards treated as \u201cvotes\u201d for unionization.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>High Point, North Carolina (July 20, 2005) \u2013 A group of Thomas Built Buses (TBB) employees filed a motion late yesterday with the full National Labor Relations Board (NLRB) in Washington, DC, to allow them to bring some extraordinary last-ditch election misconduct to the attention of the agency. The appeal of the NLRB Regional Director\u2019s [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"open","template":"","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"class_list":["post-1572","page","type-page","status-publish","hentry"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Thomas Built Buses Workers Appeal Preliminary Ruling Barring Them from Objecting to Election Misconduct - National Right to Work Foundation<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.nrtw.org\/thomas-built-buses-workers-appeal-preliminary-ruling-barring-them-from-objecting-to-election-misconduct\/\" \/>\n<meta property=\"og:locale\" content=\"es_ES\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Thomas Built Buses Workers Appeal Preliminary Ruling Barring Them from Objecting to Election Misconduct - National Right to Work Foundation\" \/>\n<meta property=\"og:description\" content=\"High Point, North Carolina (July 20, 2005) \u2013 A group of Thomas Built Buses (TBB) employees filed a motion late yesterday with the full National Labor Relations Board (NLRB) in Washington, DC, to allow them to bring some extraordinary last-ditch election misconduct to the attention of the agency. 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