If at First You Don’t Succeed, Whine

law360The UFCW was trounced in a unionization election. Rather than accept that the workers just didn’t see sufficient value in the union to agree to pay union dues, the UFCW whined to the National Labor Relations Board about some modest bonuses given to some employees. Unsurprisingly, Obama’s pro-union NLRB sided with the UFCW and is giving the union a do-over. Considering the fact that the UFCW lost the first election 71%-29%, the union has some serious work to do.

In May 2014, the union held an election in the bargaining unit of custodial staff, floor technicians, glassware technicians and cleaning technicians at the Merck facility. Of all the votes cast, 20 were against the UFCW and eight were in favor.

UFCW cried foul, saying that SBM violated the National Labor Relations Act and “committed significant objectionable conduct” by giving bonuses to nine employees in front of almost all the unit employees six days before the election and giving bonuses to two more employees the following day. The value of the gifts ranged from $75 to $100 per person, according to board filings.