March 14, 2006
NLRB Backs IAM in Dispute with Foster Farms
and asks for an Expedited Hearing
The Director of the Thirty-Second Region of the National Labor Relations Board (the Board), has filed a petition asking the federal district court to stop Foster Farms (the Company) from engaging in unfair labor practices that have been outlined in multiple charges filed by the IAM. The filing is for injunctive relief filed under Section 10(j) of the National Labor Relations Act [29 U.S.C. Section 160(j)], the Board is also asking for an expedited hearing on the matter.
The Board reviewed the Unfair Labor Practice (ULP) charges filed by the IAM against Foster Farms, and found that there was sufficient evidence to believe that the IAM would be able to win their case. Having decided the merit of the charges, the Board finds that delaying the rulings would allow the company to continue their unlawful conduct, causing irreparable harm to the Union and the employees of the company who have supported the Union. The petition filed by the Board asks that the Federal Court give the case priority, and schedule an expedited hearing under the terms of the Federal Courts Civil Priorities Act, asking that the matter be set for hearing on March 22, 2006, or as soon as possible thereafter.
The problems began when the workers, who were part of an independent association called the League of Independent Workers of the San Joaquin Valley Local 2004, voted to affiliate with the IAM. The group of 2400 workers had been in negotiations with the Company, but the negotiations were not progressing very well, so they decided to reach out to the IAM for help. They voted on September 11, 2005 to join IAM District 190.
The company immediately began trying to fight the affiliation. Foster Farms withdrew recognition from the Union on September 30th and has since refused to recognize the IAM as the exclusive collective-bargaining representative of the employees in the Unit and has refused to bargain in good faith. The first of several ULP charges was filed on October 4th. The Company argued that the affiliation was not conducted appropriately, the workers were not properly informed of what it meant, were not given enough time to make their decision, and that the negotiation process was damaged by a lack of continuity in representation of the workers.
The Board reviewed the complaints of the Company, then ruled that the Affiliation was conducted with adequate due process, and maintained continuity of representation, therefore, the company is obligated to continue to recognize and bargain in good faith with the Union as the exclusive bargaining representative of employees in the unit for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other terms and conditions of employment.
GVP Pearson stated that “it is a shame that these workers have had to go through such an ordeal in order to exercise their rights. They have tried to negotiate with this company, and were stonewalled, they reached out to us and we will not let them down. This ruling only confirms that the IAM has followed the rules, and that Foster Farms will ultimately have to recognize the wishes of their employees. We will not give up until we deliver a good contract to them.”
