In a newly published decision, NLRB Administrative Law Judge Michael Rosas finds that Chauffeurs, Teamsters and Helpers Local 414 engaged in unlawful picketing and strikes against Aggregate Industries-Central Region’s northern Indiana operations
Sources: National Labor Relations Board; U.S. District Court for Northern District of Indiana, Ft. Wayne; CP staff
In a newly published decision, NLRB Administrative Law Judge Michael Rosas finds that Chauffeurs, Teamsters and Helpers Local 414 engaged in unlawful picketing and strikes against Aggregate Industries-Central Region’s northern Indiana operations during an April-July 2007 period. The late-September decision supports contentions in a lawsuit the company filed against Local 414 three weeks prior in U.S. District Court for the Northern District of Indiana, Ft. Wayne Division, seeking reimbursement of $1 million-plus in damages and legal costs tied to unfair labor practices.
The suit charges that the union sought to apply terms of a collective bargaining agreement (May 2003-April 2008) covering 11 drivers at two ready mixed plants in Angola and Wolcotville to employees of Klink Concrete, a nonunion, Waterloo, Ind., operator whose assets Aggregate Industries acquired in early April. Teamsters 414 had filed a grievance on the Klink representation matter; separate grievances alleged contract violations related to Aggregate Industries’ transfer of an idle Angola plant truck to the Klink location, and use of a supervisor for two hours of forklift duty despite a bargaining unit member’s availability.
After a joint management and union committee deadlocked on arbitration measures, Teamsters 414 commenced 84 days of picketing at the two Aggregate Industries plants whose drivers it represents, plus seven other northern Indiana ready mixed operations whose drivers are represented by Teamsters 364. Ambulatory picketing took place at Aggregate Industries-Central Region headquarters in Kalamazoo, Mich., and aggregate operations in Battle Creek and Chelsea, Mich., plus sister facilities in Minnesota’s Twin Cities. Picketing ceased with a July 13 preliminary injunction from U.S. District Court Judge Theresa Springmann responding to an NLRB petition on Aggregate Industries’ behalf. The subsequent lawsuit contends that the picketing disrupted the work of Aggregate Industries’ employees, customers and suppliers, and spurred cancellation of business from customers seeking to avoid picketing at their own sites. Judge Springmann will hear the case.