Boilermakers Union wins bargaining order at Minnesota plant
Mike Linderer, Communications Director
Grand Rapids, MN, (August 21, 2018) — Construction equipment manufacturer A.S.V. Inc., dba Terex, charged with coercing and threatening its employees to prevent them from having a union, must reinstate the 13 workers it terminated in 2014, pay them back wages, recognize and bargain with Boilermakers Local 647 (Minneapolis) and take other corrective action after a decision by the National Labor Relations Board August 21.
In its 2-1 decision, the board upheld the June 9, 2015, ruling of Administrative Law Judge David I. Goldman on the matter. Goldman had found that the company committed unfair labor practices against employees who were trying to organize an assembly unit at Terex’s Grand Rapids plant. Those practices included threatening to shut down the plant and terminating employees who were exercising their legal right to protected concerted activity, among other violations. The union had argued that the company’s coercions and threats illegally impacted the representation election held in 2014 for the assembly unit.
In his 2015 ruling, Goldman also issued a Gissel bargaining order, requiring Terex to recognize the Boilermakers as the assembly unit’s sole and exclusive bargaining agent and to enter into contract negotiations with the union. Gissel orders are directed when it is determined that a rerun election cannot be freely and fairly conducted due to the severity of unfair labor practices.
The NLRB decision also upholds Goldman’s order that Terex post notices at the plant that it will refrain from further coercive and threatening activity directed against its employees in connection with union organizing.
“The NLRB decision upholding Judge Goldman’s ruling renders justice not only for the 13 workers who were unlawfully terminated by Terex, but for all Terex employees at the Grand Rapids plant who were coerced and threatened by the company,” said Tyler Brown, Executive Director of the Boilermakers’ Industrial Sector Operations. “Our hope is that Terex will abide fully by the board’s decision and engage with the union in reaching a fair first contract for the assembly employees.”
Boilermakers Local 647 has represented workers in the paint department at Terex’s Grand Rapids plant since June 2014.
Established in 1880, the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers is a diverse union representing workers throughout the United States and Canada who are employed in industrial construction, maintenance and repair; ship building; manufacturing; railroads; cement; mining and related industries. More information can be found at www.boilermakers.org.