USW will continue to pursue ULP case

The USW, on behalf of the 450 locked-out members of Local 235A, will continue to vigorously pursue our Unfair Labor Practice (ULP) case against Sherwin Alumina with the National Labor Relations Board (NLRB), despite this week’s decision from the NLRB Regional Director to dismiss the charges.

We expect the NLRB Regional Director to send a dismissal letter to the USW’s attorneys soon explaining the reasons why the director decided not to issue a complaint against the company based on our ULP charges.

Copies of this dismissal letter also will be sent to the company and to the company’s attorneys.

Then, the USW’s legal team will appeal the Regional Director’s decision not to issue a complaint against the company to the NLRB General Counsel in Washington, D.C.

“We continue to believe that this lockout is unlawful and immoral,” said USW District 13 Director Ruben Garza. “There is simply no excuse for keeping 450 hard-working people from doing their jobs.”

The USW attorneys will submit the union’s evidence and arguments to the NLRB General Counsel and request that the General Counsel order the Regional Director to issue a complaint against the company based on the USW’s charges.

The General Counsel has authority to take one of several steps: (1) order the Regional Director to issue complaint against the company on some or all of the USW’s ULP charges, (2) send the case back to the Regional Director for further investigation on some or all of the charges, or (3) agree with the decision not to issue a complaint against the company.

While there is no fixed time period for the NLRB General Counsel to issue his decision on the union’s appeal, we expect the NLRB General Counsel to address the USW’s appeal promptly.

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