On November 15, 2010, Leskovar Motors in Butte, Montana sent a letter to IAM Grand Lodge Representative Mike Wardle. The letter informed him that the company, effective immediately, was withdrawing recognition of IAM&AW Local Lodge 88 as the Bargaining Agent for all Parts and Service Department Employees. Leskovar claimed that the Union no longer had majority support of the Bargaining Unit Employees.
The Union was aware that the company had hired new employees in the Parts and Service Department. After some investigation the Union learned that the company had interrogated these new employees during the interview process about their support for Union Representation.
In addition, Leskovar solicited written statements form the applicants expressing opposition to the Union. These “yellow-dog” contracts have been prohibited since the Norris-Laguardia act of 1932. The company also ceased making contributions to the Union’s Health and Welfare and Pension plan, and unilaterally placed employees on a Plan offered by the Montana Auto Dealers Association, along with several other unilateral changes without bargaining with the Union.
In December, the Union filed Unfair Labor Practice charges with the NLRB and a hearing was held in July of 2011, in Butte, Montana; the Decision and Order was received on August 30, 2011 and is as follows:
THE COMPANY WILL NOT:
- Interrogate employees about support for the union and their willingness to cross a picket line.
- Request that employees put in writing their opposition for union membership.
- Unilaterally change the overtime work and pay policy as provided for in the CBA, without bargaining with the Union.
- Unilaterally cease make contributions to the Union’s Pension Fund and Health and Welfare Plan as provided for in the CBA without bargaining with the Union.
- Withdraw recognition from the Union unless it can establish that at the time of withdrawal, the Union had lost majority support without the intervention of any Unfair Labor Practice influencing the loss of support.
- In any like or related manner interfere with, restrain, or coerce employees in the exercise of their rights as guaranteed under Section 7 of the Act.
THE COMPANY WILL:
- Make whole its parts and service department employees for any loss of wages or other benefits they may have suffered as a result of the company’s unlawful unilateral actions, including changing its overtime policies and pay on about October 25, 2010, its Pension Fund and Health and Welfare Fund payments on November 15, 2010, and its Holiday Pay on December 24, 2010.
- Recognize and upon request meet and bargain in good faith with the Union as the exclusive bargaining representative of its service and parts department employees.
GLR Wardle, along with IAM Business Representative Troy Buhl, conducted the investigation and presented the case to the NLRB. IAM General Vice President Gary Allen said, “No company is above the law, the blatant intimidation of citizens who are in need of a job is shameful and cannot be tolerated. I am very proud of Mike and Troy, and the workers who maintained their support of the IAM as we processed these violations of the laws of this nation, and the laws of decency. I hope that Leskovar Motors can move past their history and begin the process of negotiating a fair contract that will properly recognize the talent, effort and dedication of our members.”
“This has been a long process for the parts and service department employee’s and hats off to all of the Bargaining Unit members at Leskovar Motors. They earned every sentence in this decision and now we will make every effort to get the company back to the bargaining table and reach a fair agreement for everyone,” said Wardle.
