National Labor Board Files for Injunction Against Local Janitorial Supplies Company

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Jan 04, 2011, 01:44 ET

Charges Firm Committed Unfair Labor Practices

WASHINGTON, Jan. 4, 2011 /PRNewswire-USNewswire/ -- After determining that Daycon Products Company has committed a series of unfair labor practices against striking workers represented by Teamsters Local 639, the National Labor Relations Board's (NLRB) General Counsel has taken the rare step of filing a petition before a U.S. District Court seeking injunctive relief.

The members of Local 639, employed at Daycon, have been on an unfair labor practice strike against the company since late April 2010.

If the NLRB's sought after injunctive relief petition is granted by the District Court, it will mean that:

Daycon must reinstate the striking workers.
The company must rescind the unlawfully imposed conditions of employment.
The firm must cease-and-desist from refusing to bargain with the Union in god faith.

A hearing has been set for January 20, 2011, to give the Upper Marlboro, MD company, which manufactures and distributes janitorial, maintenance and hardware supplies, a chance to respond the NLRB's petition.

"I don't understand how Daycon can continue to act this way," said Teamsters Local 639 President Thomas Ratliff. "It was clear from the proceedings of the previous hearing that the company had no basis for its unlawful actions."

Ratliff continued, "The NLRB appears to agree with my assessment because it authorized the request for the injunction."

This petition is the latest chapter in the continuing battle fought by Local 639 and its members protesting Daycon's numerous unfair labor practices. According to the NLRB's petition, the case involves "a straightforward scenario of unlawful conduct" by Daycon "which effectively deprived employees of their statutory rights under the act."

The petition details the extensive pattern of unfair labor practice conduct based on the testimony developed during the trial before an Administrative Law Judge in November 2010.

In particular, it recognizes that Daycon failed to bargain in good faith when it unilaterally declared that the parties were at an impasse in their negotiations and unilaterally changed the terms and conditions of employment covering the Local 639 members. According to the petition, "the next work day, Monday, April 26, respondent's employees initiated the strike against Daycon, protesting Daycon's unfair labor practice of unilaterally changing the terms and conditions of employment without first reaching a good faith impasse with the union."

Although the Union has offered to return to work and resume bargaining, Daycon has refused to rescind its unilaterally imposed conditions and reinstate the striking members.

According to Local 639 Business Agent Doug Webber, "Our members have suffered terribly during this period and it is shameful that Daycon continues to stonewall its legal obligations." He is hopeful that the Court will issue it decision quickly and compel Daycon to abide by the law.

SOURCE Teamsters Local 639