Union accuses Johnson Controls of violating labor law

FLORENCE – The day after employees successfully removed a union from a local industry, union representatives filed an unfair labor practices charge against the company.

On May 8, Shira Roza assistant general counsel with the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), which represented employees at a Florence Johnson Controls facility, charged that the company had violated the National Labor Relations Act.

A Freedom of Information Act filed by the Morning News with the National Labor Relations Board yielded only formal charging documents, due to FOIA limitations at this time in the case.

“Within the past six months, the employer has violated the act by (1) withdrawing recognition from the union without objective evidence that the union has lost majority status at the time of the withdrawal,” Roza wrote. “And (2) failing and refusing to bargain a successor agreement with the union.”

On May 8, Jennifer Mattes, the director of global communications-Johnson Controls Power Solutions, issued a statement acknowledging that union recognition had been withdrawn.

“On April 21, 2015, Johnson Controls received a petition from a majority of the employees in the United Automobile Workers bargaining unit to withdraw union representation at the company’s battery distribution center in Florence, South Carolina,” Mattes said. “Based upon the petition received from the employees, the company has withdrawn recognition of the union effective May 8, 2015. Johnson Controls respects the decision of the Florence employees and looks forward to working directly with our employees going forward.”

Mattes added Wednesday that the company is fighting the new charge.

“Johnson Controls withdrew recognition of the union as requested by the majority of our employees,” Mattes said in a statement. “The union filed a charge with the National Labor Relation Board challenging the company’s withdrawal of recognition. Johnson Controls cannot comment on pending legal matters, except to confirm we are contesting the charge and we believe it is without merit.”

A public relations representative with the UAW in Detroit did not return a request for comment on the matter.

Details of the union’s withdrawal are still scant, but one person close to the situation described it earlier this month as “sizzling hot.”

Michael Carrouth, a Columbia-based labor lawyer with national clients, is not associated with the case, but said the move by the UAW was “typical” and could take years to resolve. He said a common claim by unions is that a majority of employees did want union representation when recognition was withdrawn after the contract expired.

“Initially, the NLRB will investigate to see if there is any evidence to support the union’s allegations,” Carrouth said. “During this process, the company will be asked to provide a response. Based on what the NLRB gathers during this investigation, the NLRB will either dismiss the claims, allow the union to withdraw the claims to avoid a dismissal, or determine there are enough facts to require a hearing to decide if the union’s charge is valid.”

The investigation can take four weeks to six months, Carrouth said. A hearing could double that time, as could an appeal to the full NLRB. After that the matter could be appealed to the federal circuit court of appeals.

The withdrawal, earlier this month, was the third attempt by employees to get rid of union representation since the UAW came to the 161-member car battery plant in August 2010 by a vote of 76-71.

Joe W. King, executive director of the Florence County Economic Development Partnership, said this time more local people helped.

“This is the third go-round,” King said. “They had a decertification vote and lost, and this time local people were involved, and that made a big difference.”

This story was originally published May 27, 2015 at 11:14 PM with the headline "Union accuses Johnson Controls of violating labor law."