A decision regarding striking workers at Omnova Solutions isn’t hanging by a chad. It’s hung up by the Senate.
Federal vacancies, including those on the National Labor Relations Board, could postpone a decision about valid ballots for another year, NLRB Resident Officer Joseph Artiles said from the Nashville regional office.
The five-person board is down to three members, and Craig Becker’s term expires Dec. 31.
“It could be till after the next presidential election,” Artiles said. Policy precludes two board members from issuing a decision on matters pending before the NLRB.
Labor Board
Board members are appointed by the president to five-year terms and confirmed by the Senate. Becker and board chairman Mark G. Pearce were recess appointments by President Obama, according to the board’s website.
Artiles said he would be surprised if the board renders a quick decision.
At issue is the eligibility of ballots cast by striking and replacement workers at the plant on Yorkville Road to decertify it and make the jobs non-union.
Approximately 172 union workers went on strike May 21, 2010, after refusing to agree to a new contract they say would have caused them to lose incentives, seniority and shift rights. Omnova hired 140 replacement workers, who then petitioned the NLRB for an election to make Omnova a non-union plant. The July election was called into question and all cast ballots were challenged.
By the numbers
Artiles said the recommendation from the hearing officer, who presided in September, is to count the votes of 130 replacement workers and 30 employees who were not replaced. The 130 ballots cast by workers who were replaced should not be counted.
That is the recommendation, he said, but the board does not have to follow it. The national board will have a transcript of the September hearing along with the hearing officer’s recommendation to consider in its decision.
“This is not a very typical case,” he said of Omnova. Ninety percent of cases are settled without a hearing. “It’s very rare that we have to challenge everybody.”
No end in sight
Striking employees are staying on the picket line, said Jay Lawrence, president of United Steelworkers Local 748-L.
“It’s the same as it is last Christmas,” he said of employees who have maintained a 24/7 vigil for 18 months. Employees wish they had their salaries to buy gifts and food for their families for the holidays. Strike assistance payments are for subsistence only.
Despite the lack of money and length of time, morale remains high, Lawrence said. Workers did not have a cost-of-living increase built into the contract. When the company informed employees their monthly insurance premiums would triple, they thought they had no choice. Even if insurance premiums had not increased, employees would have been on the losing end, he said.
Omnova Solutions Inc. produces performance fabrics, commercial wall coverings and performance chemicals. Columbus is its primary location for the fabrics and wall coverings. It also is involved in the product development process.
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