NLRB finds Dakota Premium guilty, orders bargaining

The National Labor Relations Board, in a 3-0 decision, has found Dakota Premium Foods guilty of violating federal labor law. In a ruling dated April 1 and released April 8, the board ordered Dakota Premium:

  • To begin negotiating a contract with UFCW Local 789.
  • To cease and desist from actions ‘interfering with, restraining or coercing employees’ exercising their rights as workers.
  • To post a notice at the South Saint Paul meatpacking plant admitting the company’s violations of labor law.

Putting a squeeze on stall tactics
The ruling against the company is the most decisive yet in clearing the way for the workers to finally sit down and negotiate their first contract. Nearly two years ago – on June 1, 2000 – more than half the plant’s 200 workers staged a wildcat strike, even though they had no union representation. They shut down production to protest line speed and what they considered unsafe working conditions and the company’s disregard for injured workers.

On July 21, 2000, the workers – most of whom are of Mexican heritage – voted 112-71 in an NLRB election to join United Food and Commercial Workers Local 789. Since then, Dakota Premium has stalled repeatedly in an attempt to evade its obligations to negotiate a contract. The company challenged the election, appealed when it lost the challenge, then tried additional legal maneuvers when it lost the appeal. It has become a textbook example of how companies ignore and abuse loopholes in national labor law to deny workers their legal rights to organize and bargain collectively.

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Bipartisan support in ruling
The April 1 ruling rebuffs the company’s latest attempts to overturn and ignore previous NRLB findings. The ruling upholds and enforces the NLRB’s certification of the election, first issued on Aug. 27, 2001, and cites the company specifically for refusing to bargain since Local 789 made its first formal request on Sept. 4, 2001.

The ruling is even more decisive because it includes the support of NLRB chairman Peter J. Hurtgen – who voted against certifying the Dakota Premium election in the first place – and board member Michael J. Bartlett, a former U.S. Chamber of Commerce lawyer whom President George W. Bush named to the board this past January in a controversial recess appointment that avoided Senate confirmation.

Joining Hurtgen and Bartlett in ruling against Dakota Premium was board member Wilma B. Liebman, the lone Democrat on the board. The three were acting as a panel with the authority of the full board, according to the decision.

Michael Kuchta is editor of The Union Advocate, the publication of the St. Paul Trades & Labor Assembly.

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Visit the UFCW Local 789 website, www.ufcw789.org

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