Judge rejects union's challenge to Blue Diamond election

[Omaha Steve]

http://www.mcclatchydc.com/washington/story/75798.html

By Michael Doyle | McClatchy Newspapers

WASHINGTON -- A disputed union election at Sacramento's Blue Diamond Growers should stand even though the company committed some unfair labor practices, a judge has concluded.

In the latest round of a long-running fight, union activists had charged the giant almond processing cooperative with suppressing organizing efforts prior to a November 2008 election. Now, a National Labor Relations Board judge says the union essentially lost the election fair and square.

"For the most part the campaign was active and open, with significant numbers of employees, both pro- and anti-union, publicly participating," Administrative Law Judge Gregory Z. Meyerson ruled. "In my view, the unfair labor practices and objectionable conduct committed by (Blue Diamond) were, under these circumstances, insufficient to warrant a new election."

The company's violations included impermissibly advising employees their complaints would be solved if they voted against the union and permitting union opponents but not union supporters to store signs on company property, Meyerson concluded.

If it's not appealed by Oct. 6, Meyerson's ruling, quietly issued Sept. 8, could lead to the National Labor Relations Board formally certifying Blue Diamond's election. Union organizers lost that election soundly, with 142 Blue Diamond workers endorsing the union and 353 employees opposing it.

The union's lopsided loss helped convince Meyerson that Blue Diamond's missteps didn't fundamentally change the November election outcome.

FULL story at link.