Union-busting ("so serious and substantial") probe of Middletown company expands

[Omaha Steve]

http://www.recordonline.com/apps/pbcs.dll/article?AID=/20090603/BIZ/906030355/-1/NEWS

By Christine Young
Times Herald-Record
Posted: June 03, 2009 - 2:00 AM

NEW YORK — An investigation by the National Labor Relations Board has found that Acme Bus Co. in Middletown likely engaged in union-busting activities "so serious and substantial" that workers were prevented from holding an election to unionize, and the NLRB wants a federal judge to bypass the election and allow Teamsters Local 445 to bargain with Acme on the workers' behalf.

"This charge is so serious that the NLRB is saying there's going to be no election and wants to issue a bargaining order," said Local 445 Officer Adrian Huff. "This is something that happens very rarely. I've never seen one of these in my lifetime, and I don't think I'll ever see another one again."

Mark Portnoy, Acme's lawyer, called the allegations "false and absurd."

"We're going to vigorously fight them," Portnoy said.

Hanging in the balance

Both sides are scheduled to appear at a July 28 hearing in Manhattan federal court.

If the judge rules in the NLRB's favor and issues the bargaining order, the workers would be unionized and pay dues only after approving a union-negotiated contract, Huff explained.

The NLRB probe was prompted by a Local 445 complaint filed Sept. 29, accusing Acme General Manager Charles Mazzei and two men known as "JJ" and "Cowboy" of threatening, interrogating and firing workers who tried to organize.

In the months following the initial complaint, the union filed amendments as Acme's alleged harassment continued. The charges included managers videotaping union representatives talking with workers, calling the police on union representatives, and prohibiting employees from discussing the union.

Huff said the NLRB obtained "dozens of affidavits" from employees during its investigation.

"I'm all for the union," said Penny Kuhhorn of Campbell Hall, who was fired by Acme in September. "When Charlie found out I and a couple of others were helping the union out, he slowly got rid of each one of us."

FULL story and photo at link.

[aquart]

1. Is any other ruling possible?

When will we know?

[Omaha Steve]

2. Probably Sept.

This case is moving very fast for an NLRB case.