Some workers at Neises Construction Corp. in Crown Point are taking their effort to leave the Indiana/Kentucky/Ohio Regional Council of Carpenters union to the National Labor Relations Board in Washington.
The move is being made after the Region 13 board rejected their decertification petition last month.
According to the National Right to Work Legal Defense Foundation, which is defending the workers, Neises employee Mike Halkias submitted a decertification petition to the region board in January that was signed by every member of his unit, all of whom are full-time or part-time wall and footer carpenters.
Patrick Semmens, vice president of the foundation, said about eight or nine employees are involved.
“What’s unusual here is that every single worker signed a petition saying they want the Carpenters union out. They cut off paying dues, but they’re still under union representation they oppose,” said Semmens, who also pointed out that Indiana is a right to work state.
A spokesman for the foundation said Halkias could not be reached for comment. Neises Construction did not return a call for comment.
A spokesman for the Carpenters union in Merrillville did not respond to several calls for comment, and Randy Palmateer, business manager for the Northwestern Indiana Building & Construction Trades Council, said he couldn’t comment on pending litigation.
However, in his ruling on Feb. 17, Paul Hitterman, acting regional director of NLRB Region 13 in Chicago, wrote that he rejected the petition based on his finding that Neises violated the law by failing and refusing to bargain in good faith with the union since the union was certified as the workers’ bargaining agent in October 2017.
“The board presumes that when an employer unlawfully fails or refuses to reorganize and bargain with an incumbent union, any employee dissatisfaction with the union results from the earlier unlawful conduct,” Hitterman wrote.
He said the employer must show that employee dissatisfaction with the union came after the employer and union had resumed bargaining for a reasonable amount of time and without additional unfair labor practices.
The foundation countered, however, that under federal law it is illegal for an employer to engage in monopoly bargaining with a union that it knows lacks the support of at least a bare majority of workers.
“The NLRB Regional official’s order dismissing the employees’ petition did not even address that every employee in Mr. Halkias’ bargaining unit has demonstrated a desire to be independent from the union by resigning union membership and asking for a decertification vote,” the foundation said.
Hitterman said the workers could appeal his decision at the national NLRB level in Washington.
Karen Caffarini is a freelance reporter for the Post-Tribune.
