Dakota Premium workers await certification decision

The National Labor Relations Board held a final day of hearings Friday on Dakota Premium’s challenge to the election victory of UFCW Local 789 at the meatpacker’s South Saint Paul plant.

After five days of testimony earlier in the month, the hearing recessed for two weeks to await the return of the last witness, who was in Mexico. Bill Pearson, president of Local 789, remains optimistic that the election victory will be upheld, but said the recess plays into the company’s hands. ‘They don’t want to negotiate a contract. The longer they drag it out, the more they demoralize the workers,’ he said.

Ron Sharp, Region 18 director of the NLRB, said he expected the hearing officer to issue findings of fact and a recommendation ‘fairly expeditiously.’ However, after the hearing officer issues a recommendation, the union and company have the opportunity to submit written arguments, which Pearson said could delay the process at least until the end of October. Sharp would not estimate a timetable for the board decision, noting, ‘The record is fairly lengthy.’

NLRB considers 6 objections
Workers at Dakota Premium, many of whom speak Spanish, voted 112-71 on July 21 to be represented by Local 789. But the company is challenging the results and has filed six objections, citing incidents that it says ‘tainted’ the process and destroyed the ‘laboratory conditions’ of the election. The charges allege that union representatives threatened to report workers to the Immigration and Naturalization Service if they voted against the union, promised $10,000 to workers who would vote yes and engaged in illegal electioneering, among other claims.

Pearson said that, because the hearing was ongoing, he could not comment on Dakota Premium’s claims. But he did express his dissatisfaction with the tactics.

‘This has been about delaying,’ Pearson said of the company’s challenge to the election. ‘They can’t let the workers win, whatever it costs. The workers took control of that plant. To this day, they control the line speed. That hasn’t happened anywhere else in the country.

‘The workers stood up and spoke up, and it scares the s— out of them,’ he said.

Workers may turn up heat
Pearson said the NLRB hearings could cost the United Food and Commercial Workers up to $50,000 in legal fees, and estimates Dakota Premium will spend three times that – ‘but it doesn’t matter to them.’

Pearson said the union was considering other ways to pressure the company while awaiting the NLRB decision. These include collecting examples of wage-and-hour violations, worker’s compensation violations, and incidents of discrimination or sexual harassment. ‘We might start turning the heat up a little bit,’ he said.

This article was written for the Sept. 27 issue of The Union Advocate newspaper. Used by permission.
The Union Advocate is the official publication of the St. Paul Trades and Labor Assembly. E-mail The Advocate at: advocate@mtn.org

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