National Labor Relations Board Judge Overturns Union Representation Election in Covington, Va., Based on USW Objections

Covington, Va. — Yesterday, all parties received copies of the 86-page January 30 decision of a National Labor Relations Board (NLRB) administrative law judge that sustained three objections filed by the United Steelworkers (USW). The decision issued by NLRB Administrative Law Judge Eric M. Fine overturned a March 2008 NLRB election at MeadWestvaco’s Covington, Va. paper mill. The USW, which narrowly lost the election to the Covington Paperworkers Union (CPU) by 14 votes, is the certified representative of the 950 production and maintenance employees who voted in the election.  Judge Fine returned the case to the NLRB’s regional director in Winston-Salem, NC to hold a new election. 

Judge Fine found that three different courses of conduct by CPU and its officers were in violation of Federal law, and created a coercive atmosphere that interfered with the holding of a free and fair election:

• The CPU intimidated workers, when, with the knowledge and encouragement of its president, it videotaped and photographed workers both entering and leaving the USW’s main campaign event.  The meeting featured USW International President Leo Gerard, who came to Covington to meet with workers before the NLRB election.  The intimidation included sending a CPU representative into the meeting to videotape.  He refused to stop videotaping despite numerous requests by USW officials to turn off his camera.
• CPU further interfered with the NLRB election when its leadership, while still serving as officers of USW Local 8-675, went behind the back of the USW international union and negotiated with the company.  The CPU then decided, on the basis of those negotiations to launch a disaffiliation movement against the USW.  At a disaffiliation meeting attended by hundreds of workers, the CPU president relayed assurances received from MeadWestvaco concerning its last contract offer.  Those assurances formed the basis of later remarks that the CPU president and other CPU officials made to workers at the meeting.
• CPU also interfered with the election by widely publicizing that it had solicited contributions from businesses that had contractual relations with MeadWestvaco, thereby implying in the words of Judge Fine, “…that CPU was not acting as an independent labor organization in the election” since it was favored by area employers dealing with MeadWestvaco.

“We’ve been saying all along that the election was flawed,” said USW Local 8-675 President Bobby Harrison.  “The election process was tainted.  People did not have a fair opportunity, free from intimidation, to determine who their bargaining representative would be.”

“The employees here appreciate the support of the 850,000-member strong USW,” he said.  “The executive board of USW Local 8-675 has extended an olive branch to those who may have thought an independent union was the way to go and they continue to be welcome to re-unify with us. But we’re looking forward to a new election, if necessary,” Harrison said.  “We want to restore our local union as one of the strongest units within the USW.”

# # #