NLRB Hearing Officer Recommends that SEIU Local 509 Be Certified As Representative of CLASS Employees
SEIU Local 509 took one step closer toward being recognized as the official and exclusive bargaining representative of front-line service workers at CLASS, Inc. in Merrimack Valley. Attorneys Kate Shea and Patrick Bryant represented Local 509 in this process.
At the end of May, a majority of CLASS workers participating in an election voted to be represented by Local 509. They did so in the face of a non-stop and bruising anti-union campaign. CLASS retained a high-priced anti-union consultant and repeatedly notified employees of its opposition to the union. Local 509 has alleged that CLASS made unlawful statements to employees that threatened reprisal if they exercised their federal right to form a union. CLASS has terminated approximately five union supporters since Local 509 started its organizing campaign. Local 509 filed three charges of unfair labor practice against CLASS, which remain under investigation by the NLRB's Boston office.
CLASS has refused to respect the majority vote or sit down at the bargaining table with Local 509 and employees. In June, CLASS filed six objections or reasons that it believes justify a new election. The NLRB's Boston office held a hearing at the end of June on CLASS' claims. By the time of the hearing, CLASS withdrew two objections and whittled another, an implicit acknowledgment that these objections were legally without merit.
Today, a Regional Hearing Officer issued a 19-page decision that rejected every one of the Employer's remaining objections as being without merit. She recommended that CLASS' objections be overruled and Local 509 be certified as official bargaining representative of most front-line employees. CLASS, which has been unwilling to recognize Local 509 from day one, is expected to appeal. If the Regional Director upholds the decision, CLASS finally will have a legal obligation to bargain with Local 509 about the terms and conditions of the 100 or so employees.
