News From USW: Federal Judge Grants Back Pay and Orders Comar Inc. to Bargain.TOLEDO, Ohio
USW Undersea Warfare USW United Steel Workers USW US Wheat Associates USW Ultrasonic Welding USW Ultra Short Wave USW US West Telecommunications (stock symbol) : A federal judge has ordered a New Jersey firm, Comar Inc., to pay back wages to more than 40 union workers whose division was relocated to a non-union facility in 1999. Paul Bogas, an administrative law judge administrative law judge n. a professional hearing officer who works for the government to preside over hearings and appeals involving governmental agencies. They are generally experienced in the particular subject matter of the agency involved or of several agencies. with the National Labor Relations Board National Labor Relations Board (NLRB), independent agency of the U.S. government created under the National Labor Relations Act of 1935 (Wagner Act), and amended by the acts of 1947 (Taft-Hartley Labor Act) and 1959 (Landrum-Griffin Act), which affirmed labor's right , also ordered Comar to recognize the United Steelworkers United Steelworkers (USW) historic labour union representing workers in steel, aluminum, and other metallurgical industries for much of the 20th century. In the U.S. union as the employees' bargaining agent A union that possesses the sole authority to act on behalf of all the employees of a particular type in a company. A bargaining agent is certified by the national labor relations board and to bargain with the union over a new agreement. Tim Tuttle, chair of the United Steelworkers' Flint Glass Council, said the back pay owed former and current Comar workers involved in the case is between $3 million and $4 million "with the clock still ticking." The Bogas decision, dated April 3, 2006, involves Comar's relocation of its applicator ap·pli·ca·tor n. An instrument for applying something, such as a medication. applicator, n a device for applying medication; usually a slender rod of glass or wood, used with a pledget of cotton on the end. division from Vineland, N.J., to another non-union facility about 10 miles away in Buena, N.J. "This is a runaway shop," Tuttle added. The applicator division made glass droppers used to dispense liquid medications. Its employees had been represented by the American Flint Glass Workers Union of North America North America, third largest continent (1990 est. pop. 365,000,000), c.9,400,000 sq mi (24,346,000 sq km), the northern of the two continents of the Western Hemisphere. for over 40 years, beginning in 1955. The American Flint Glass Workers merged with the United Steelworkers union in 2003. In his ruling, Bogas criticized Comar for the union-busting tactics it employed. The company illegally withdrew recognition of the union, quickly made unilateral changes that diminished the nature of the unit and delayed compliance with previous unfavorable decisions. Then, the judge said, the company argued that the passage of time and the unilateral changes it made had destroyed the bargaining unit and rendered an earlier bargaining order from the board unenforceable. "If permitted to succeed, such a tactic would provide a template for any employer that wished to unlawfully withdraw recognition from a union," Judge Bogas wrote. When Vineland was relocated, the company, without the consent of the union, made changes in wages, benefits and working conditions to those employees who accepted a transfer. It began paying lower wages equivalent to those received by the non-union employees at Buena and reduced or eliminated previously negotiated benefits and working conditions. The case has moved slowly through the courts. Tuttle said the decision by Bogas is one of several that have favored the union and its members only to be appealed by the employer. He said he expects the government to seek a court injunction to enforce the latest ruling. Tuttle praised the members of Local Union 591 for their strong support over more than six years of legal maneuvering by the employer. "The unity and solidarity showed by the members of Local 591 has just been unbelievable. It has just been classic," Tuttle said. |
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