Workers request VW not help UAW if feds order revote WashingtonExaminer com — Volkswagen Fox 302

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Workers request VW not help UAW if order re-vote

By Sean | MARCH 13, 2014 AT 5:55 PM

Confidential,Opinion,Sean Higgins,Labor unions,Labor,Tennessee,NLRB,Volkswagen,Chattanooga,UAW

In Feb. 14, 2014, photo, Auto Workers President Bob discusses the union’s.

Three at a Volkswagen plant in Chattanooga. filed a complaint with the Labor Relations Board saying it must prevent the auto company from any further assistance to the United Workers in its efforts to organize the The complaint is a reaction to the UAW’s own to the board that it order a of an organizing election at the Chattanooga that the union lost month.

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The argument is the same as the one that was advanced in Here v. Mulhall . a case the Court initially took up year, only to drop in stating that it was improvidently Legal analysts had earlier that it was not clear that the had the proper standing to bring the to the high court.

The Unite v. Mulhall case had been watched by labor law experts these kind top-down campaigns where the union works out a deal with and only later tries to get the on board are a fairly common with Big Labor. Had the justices that neutrality agreements the NLRA, it would have a major blow to organized

National Right to Work Foundation spokesman Anthony told the Washington Examiner a lower court ruling the argument in Mulhall was still in

That case concluded a win at the 11th Circuit Appeals The Supreme Court declined to one way or another on it, but they didn’t the ruling that organizing can be an illegal thing of value [NLRA Section] 302. legal circuit [the has not yet directly ruled on the issue, said. The foundation is representing the workers in the Chattanooga case.

added that the complaint was not an to get the issue in Mulhall before the Court again but we would welcome the opportunity if it did happen.

In a UAW President Bob King said:

The filed by the National Right to Legal [Defense] Foundation is At the time it negotiated its Election with Volkswagen Group of the UAW had already established for the Company it was the majority representative of hourly employees, on the lawful basis of cards signed by a majority of employees. Moreover, even if the UAW had not this status, the UAW’s Agreement with Volkswagen of America would still be just like many neutrality agreements the UAW and other have negotiated with throughout the United States.

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A spokesman for the NLRB declined to

VW agreed to the union vote in part because because it was pressure from its German IG Metall, to unionize the plant. In UAW and VW officials signed a 22-page for a representation election for the Chattanooga 1,550 workers. The company to: not oppose the organizing bid; the UAW with the names and home of the workers; allow union — but no one else — to the plant to lobby workers; and workers attend mandatory where they would from union organizers.

In exchange, UAW agreed to a no-strike in any prospective contract as well to help maintain the cost and other competitive advantages VW enjoys relative to its competitors in the States. Many union said that was proof the would not aggressively represent the interests and just wanted member dues. UAW officials the section was just boilerplate about working with the

Despite VW’s assistance, the 1,550 eligible workers the UAW in a 712-626 vote concluded on 14. The union subsequently requested the overturn the election and order a new one on the that comments by state lawmakers, particularly Sen. Bob corrupted the election. The UAW’s is still pending before the

Ironically, the UAW had opposed allowing the workers to vote at all. As statement indicates, it wanted VW to the union based on its claim it could show majority through employee-signed cards. VW workers filed a complaint the NLRB last year the union used fraudulent to obtain the cards. The NLRB the complaint in January despite there was some evidence of The board stated that claiming majority support was not a NLRA violation. It is only a if the fraud is successful. Since VW the union’s card check there was no case.

The workers’ complaint notes that the agreement between UAW and VW was never and that the union will request the same circumstances the NLRB agree to order a .

On Tuesday, the NLRB agreed to let VW workers intervene in the UAW’s complaint, citing the unusual regarding the case. The UAW denounced the as an outrage , saying that the are masquerading as legitimate worker

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