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SMWIA Union files additional complaint against contractor

01.04.13

JANUARY 2013, LEHIGH VALLEY Edition of The Union News

SMWIA Union files additional complaint against contractor

BY PAUL TUCKER
THEUNIONNEWSSWB@AOL.COM

REGION, December 14th- The Sheet Metal Workers International Association (SMWIA) Union Local 19 in Philadelphia, which represents SMWIA members throughout the Lehigh Valley, filed at least two labor complaints with the National Labor Relations Board (NLRB) Region Four office in Philadelphia alleging a Lehigh Valley construction company violated the National Labor Relations Act (NLRAct).

The agency conducted a representation election of employees of M.B.I. HVAC Inc., Business Park Lane in Allentown, on November 16th.

There were 8 eligible to vote employees and 3 workers voted for union representation and 3 voted against. Under NLRB rules a labor organization must receive at least 50 percent plus one of the voting employees to become their bargaining representative.

However, Local 19 challenged two of the workers eligibility to participate in the election and have since filed at least two Unfair Labor Practice (ULP) charges since the election was conducted alleging the Employer violated the NLRAct.

The SMWIA Union Local 19 filed the representation petition on September 14th, 2012 with the NLRB requesting the agency conduct an election to determine if the employees of M.B.I. HVAC, wanted to be represented by the Union for the purpose of collective bargaining.

The union requested that all service employees of the company participate in the election while all sheet metal workers, pipefitters, laborers, supervisors, professionals, secretaries, guards, office personnel and other workers be excluded from participating in the representation election.

Local 19 Area Marketing Representative William Dorward filed the petition on behalf of the union. Mr. Dorward is a resident of the Lehigh Valley.

On November 20th, 2012, Local 19 filed a ULP against the construction contractor alleging the Employer violated Section 7 of the NLRAct by interferring with conditions necessary to conduct a fair election. The company the night beforew the election, without explanation or notice to employees, disabled the use of company issued cellular phones to inhibit communication among bargaining unit employees, the ULP alleges.

On December 7th, 2012, SMWIA Local 19 filed a ULP seeking a NLRB 10j, which would immediately give Local 19 the right to represent the employees for the purpose of collective bargaining.

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