Four terminated Terex employees (front row, yellow shirts) stand with union supporters outside a federal courtroom February 17 in Minneapolis. Boilermakers' organizer Jody Mauller is fifth from left.
Decision cites management coercion, threats of plant closure
NLRB ADMINISTRATIVE LAW Judge David I. Goldman issued a sweeping decision June 9 against A.S.V., Inc. a/k/a Terex, to reinstate and provide back pay with interest to 13 workers at its Grand Rapids, Minn., facility following an unsuccessful organizing effort by the Boilermakers. Judge Goldman also ordered the employer to recognize and bargain with the union.
Additionally, the judge found that Terex had threatened employees with plant closure, made other coercive statements and interrogated employees in order to discourage support for the union.
Terex’s Grand Rapids, Minn., facility manufactures construction equipment. The Boilermakers earlier had conducted a successful organizing campaign at the plant with employees in the paint department. Some of the reinstated workers came from that unit.
Due to the unfair labor practices, Judge Goldman agreed with the NLRB’s Office of the General Counsel that a Gissel bargaining order was warranted, requiring Terex to recognize and bargain with the union as the assembly employees’ representative. Gissel can be ordered in cases where it is held that a rerun election cannot be freely and fairly conducted due to the nature of unfair labor practices, such as employer threats of closure and illegal employee discharge.
Parties have the right to appeal ALJ decisions to the Board. In the absence of timely exceptions, ALJ decisions are final. The complaint against Terex was issued by the NLRB’s Region 18 office in Minneapolis, which serves Minnesota, Wisconsin, Iowa, North Dakota and South Dakota.
“This is an incredible victory for these workers,” said Tyler Brown, Executive Director of the Boilermakers’ Industrial Sector Operations. “We are extremely pleased that Judge Goldman ordered Terex to reinstate the unlawfully discharged workers and to make them whole for the economic losses they suffered. His decision has certainly rendered justice.
“I commend Jody Mauller, who led the organizing efforts at the facility, and the superb legal work of the NLRB General Counsel’s Office and attorney Jason McClitis with Blake & Uhlig.”
Brown added, “This decision proves that organized labor is indeed relevant in our society and that as long as workers are willing to stand up for their legal rights — even in the face of unlawful management resistance — they can prevail.”
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