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					                        Region 18 HOT DISH
NLRB REGION 18
NEWSLETTER




                        V O L U M E     1 ,   I S S U E   1                                D E C E M B E R     2 0 0 7




IN THIS
ISSUE:

•   Page 1
                    From the Director’s Chair
    From the        This is Region 18’s inaugural     available Monday through        Labor Relations Act. It con-
    Director’s
                    newsletter, which stems from      Friday from 8:00 am to 4:30     ducts secret-ballot elections to
    Chair
                    the Agency’s nationwide em-       pm at 612-348-1757. The         determine whether employees
•   Page 2
                    phasis on outreach to the         Agency also has an award-       desire union representation
    A very brief    community. We plan to issue       winning website at              and investigates and remedies
    review of FY    this newsletter on a periodic     www.nlrb.gov, which has         unfair labor practices.
    2007            basis in order to apprise our     been recognized as one of the   The Region is very fortunate
                    customers and the gen-                                                to have very talented and
•   Page 2          eral public of recent de-                                             experienced attorneys,
    Insights from   velopments in both the                                                examiners and support
    Iowa            Region and the Agency.                                                staff employees. Ten
                                                                                          staff members have
•   Page 3
    Highlights of
                    Regional office staff                                                 worked for the agency for
    the Region’s
                    members are available to                                              more than 30 years and
    10(j) program   speak to organizations,                                               16 have more than 15
                    large and small, at your                                              years agency experience.
•   Page 4          request. We regularly                                                 Our management staff
    Who’s who at    provide speakers to make                                              includes Deputy Regional
    Region 18       presentations to colleges,                                            Director/Regional Attor-
                    high schools, technical                                               ney Marlin Osthus, Dep-
                    schools, labor unions and                                             uty Regional Attorney
                    employer associations.                                                James Fox, Supervisory
                                                              Regional Director           Attorney Pamela Scott,
                    Please contact the Region’s                 Bob Chester           Resident Officer David Garza
                    Outreach Coordinator, Pamela                                      and Office Manager Bernie
                    Scott at 612-348-1788 or via                                      Grenzer.
                    email at
                    pamela.scott@nlrb.gov to          five best in the Federal Gov-   This issue of our newsletter
                    make arrangements for a           ernment. Our website con-       and those to come will discuss
                    speaker. Last year we ad-         tains a great deal of useful    some recent cases and high-
                    dressed several groups            information about the Act,      light some of our activities
                    throughout the region and this    Board policies and procedures   that I believe will be of inter-
                    year we plan to address many      and how to contact a Regional   est to you. It is part of the
                    more.                             Office.                         Agency’s nation-wide out-
                                                                                      reach program to provide in-
                    Our staff is readily available    Region 18’s jurisdiction cov-   formation on events occurring
                    through our information offi-     ers cases arising in Minne-     both nationally and locally.
                    cer program to assist the pub-    sota, North Dakota, South       If you have any suggestions
                    lic with any questions they       Dakota, 90 counties in Iowa     for or questions about the
                    have regarding issues arising     and 22 counties in Wisconsin.   newsletter, please let us
                    under the Act. In FY 07 the       We have a resident office       know.
                    Region’s information officer      located in Des Moines, Iowa,
                    responded to over 1500 in-        which handles disputes in
                    quiries from the general pub-     Iowa. The NLRB administers
                    lic. The information officer is   and enforces the National
            PAGE        2


How to file a charge:                  A Very Brief Review of FY 2007
•   Anyone may file an unfair          Fiscal year 2007 was another        of trial or settlement. We           press and Marshall Engineered
    labor practice charge              very busy and successful year       went to trial before an admin-       Products. Our only loss dur-
    with the NLRB. To do so,
                                       in Region 18. The Agency’s          istrative law judge (ALJ) last       ing the fiscal year involved E &
                                       fiscal year runs from October       year in cases involving White-       I Specialists, Inc., a case that
    they must submit a
                                       1 through September 30 of           sell Corporation; Eichorn Mo-        the Region had won before an
    charge form to any re-             each year. Although ULP case        tors, Inc.(two separate trials);     ALJ in 2002 and was appealed
    gional office. The form            intake was down slightly from       Leiferman Enterprises LLC d/         to the Board.
    must be completed to               previous years, we neverthe-        b/a Harmon Auto Glass and
    identify the parties to the        less took in 416 ULP charges        CMPJ Enterprises d/b/a Holi-         In FY07 the Region conducted
    charge, as well as a brief         during the fiscal year. Repre-      day Inn Express. We prevailed        72 elections and held those
    statement of the basis for
                                       sentation case intake remained      in whole or in part in each of       elections in a median of 38
                                       about the same as last year         these cases before the ALJ and       days from the filing of the
    the charge. The charging
                                       with the Region receiving 105       are awaiting a decision on the       petition. As a rule, the vast
    party must also sign the           new petitions during the fiscal     second Eichorn trial.                majority of petitions result in
    charge.                            year.                                                                    elections held pursuant to a
•   Forms are available for                                                We also secured favorable            stipulated election agreement,
                                       Last year the Region issued         District Court decisions in          and very few go to hearing.
    download from the NLRB
                                       complaints in 39 cases. The         Whitesell and Holiday Inn            Even taking into consideration
    website. They may also
                                       majority of our complaint           Express as well as a partial win     the petitions that result in a
    be obtained from an                cases were ultimately resolved      in Eichorn Motors. (See arti-        hearing, over 96% of all elec-
    NLRB office. Information           by Informal Settlement Agree-       cle on page 3.) The Region           tions in the Region were con-
    officers are available to          ments, a tribute to the efforts     also received favorable Board        ducted within 56 days of the
    discuss charges in person          of the staff and the parties        decisions in Engineered Plastic      filing of the petition with the
    or by phone, to assist with        involved. Most of these cases       Components, Park ‘N Fly,             vast majority of elections con-
                                       involved multiple allegations       Golden Crest Health Care,            ducted within 42 days of the
    filling out charge forms,
                                       and multiple cases that were        Eichorn Motors, Paragon Cus-         filing of a petition.
    and to mail forms.
                                       consolidated for the purpose        tom Homes, Holiday Inn Ex-
•   You must file the charge
    within six months of the
    unfair labor practice.


When a charge is filed:
                                       Insights from Iowa                                                by Chip Chermak, Field Examiner

•   The charging party is              In January, 2007 a bill was         lenge the state’s sixty year         Workers of America vs. Beck,
    responsible for promptly
                                       introduced into the Iowa legis-     standing as a right-to-work          487 U.S. 735 (1988)) associ-
                                       lature which threatened to          state due to the recent De-          ated with unfair labor practice
    presenting evidence in
                                       change the landscape of sixty       mocratic control of the Iowa         charges filed in Iowa that
    support of the charge.             years of labor law in Iowa.         Governorship and both state          would potentially come into
    Usually evidence will con-         During this legislative year, the   legislatures for the first time in   play with the passing of this
    sist of a sworn statement          Iowa legislature considered a       forty years. However, mem-           landmark bill.
    and documentation of key           highly contentious “Fair Share”     bers of Iowa’s business com-
    events.                            bill (SSB 1120). This proposed      munity, along with Republican        However, it was not meant to
                                       legislation allows for the inclu-   opposition, worried that ap-         be. The Cedar Rapids Gazette
•   The Region will ask the
                                       sion of a negotiated clause in      proval of the bill would stifle      reported on August 1, 2007
    charged party to present           any collective bargaining agree-    Iowa’s economy.                      that the measure had cleared
    a response to the charge,          ment which mandates that all                                             the Iowa State Senate by a
    and will further investi-          employees who are repre-            During this time, Region 18’s        vote of 28 – 21, but only after
    gate the charge to estab-          sented by a union pay the           Des Moines Resident Office           the Fair Share bill was revised
                                       requisite amount of Union           kept a close eye out for any         to remove private sector busi-
    lish all the facts.
                                       dues regardless of whether or       news of the pending legisla-         nesses and their employees
•   After a full investigation,        not that employee is a union        tion. Resident Officer David         from coverage. However, the
    the Region will determine          member.                             Garza scoured daily publica-         bill then failed to clear the
    whether or not the                                                     tions and newspapers while           Iowa state legislature before
    charge has merit.                  According to a January 30,          Field Examiners Bob Reid and         the end of the 2007 session.
                                       2007 Wall Street Journal arti-      Charles Chermak discussed            Stay tuned — it may be con-
                                       cle entitled “Iowa Emigration       the possibility of having to         sidered again in 2008.
                                       Act”, Iowa’s union community        process cases with potential
                                       gained the momentum to chal-        Beck issues (Communications

                  REGION          18   HOT       DISH
VOLUME           1,   ISSUE       1                                                                                                   PAGE         3




Region 18 Obtains Injunctive Relief in Three Cases
     Section 10(j) of the Act authorizes the     rently pending at the Board. While White-        nized the Union, and commenced negotia-
United States District Courts to grant tem-      sell complied with the court’s order in          tions. However, a new charge filed by the
porary injunctive relief in unfair labor prac-   terms of rescinding the unilateral changes,      Union alleging that Holiday Inn Express is
tice cases while they are pending a final        restoring the previous contract and provid-      required to adopt the predecessor em-
determination before the Board. Injunctive       ing information to the Union, a new charge       ployer’s contract is currently under investi-
relief is reserved for cases where the Act       was recently filed alleging additional 8(a)(5)   gation.
would be frustrated unless immediate ac-         violations. That charge is being investigated
tion is taken. This past year was a busy one     and the Region will ultimately decide                    Eichorn Motors, Inc.
for Region 18 in U.S. District Court. Using      whether to recommend that Whitesell’s
the injunctive authorization of Section 10(j),   current conduct is in contempt of the in-
                                                                                                      Also in May 2007, the Region sought
the Region sought and obtained temporary         junction.
                                                                                                  injunctive relief against Eichorn Motors, for
injunctive relief in three cases. Following
                                                                                                  numerous unfair labor practice violations.
are the highlights of each case.                         Holiday Inn Express                      Eichorn is a successor employer that pur-
                                                                                                  chased a General Motors automobile deal-
      Whitesell Corporation                           In May 2007, the Region sought injunc-      ership in May 2006. The service employees
                                                 tive relief against Holiday Inn Express for      at the dealership had been represented by
     In February, 2007, The Region sought        various unfair labor practices it committed      the United Auto Workers Union for about
injunctive relief under Section 10(j) of the     as a successor employer. Holiday Inn Ex-         18 years. Despite its obligation to recog-
Act, against Whitesell Corporation for           press purchased the Holiday Inn Express          nize and bargain in good faith with the Un-
various bargaining violations. Whitesell was     hotel in December 2006. Prior to the pur-        ion, from May 2006 to January 2007,
a successor employer and purchased a wire        chase of the hotel, the housekeeping and         Eichorn engaged in an escalating pattern of
form manufacturing facility in Washington,       maintenance employees were represented           conduct designed to undermine the Union.
Iowa in January, 2005. The employees of          by the Hotel, Hospital, Restaurant and Tav-      More specifically, the Region concluded
Whitesell had been represented by the            ern Employees Union Local 21. Upon its           that Eichorn engaged in the following unfair
Glass, Molders, Pottery, Plastics and Allied     purchase of the hotel, Holiday Inn Express       labor practices: threatened employees with
Workers International Union, Local 359 for       refused to hire employees that were mem-         discharge if they continued to support the
over 40 years. While Whitesell initially         bers of the Union and refused to recognize       Union and promised employees increased
assumed the collective bargaining agree-         and bargain with the Union.                      wages and benefits if they ended their sup-
ment, the bargaining violations occurred                                                          port for the Union in violation of Section 8
the following year when the parties were              The Region issued a complaint in March      (a)(1); dealt directly with unit employees
bargaining for their first contract. The         2007 alleging that Holiday Inn Express com-      about terms and conditions of employment
Region concluded that Whitesell violated         mitted the following unfair labor practices:     and made unilateral changes to employees’
Section 8(a)(5) by the following conduct:        threatened employees that it did not want        terms and conditions of employment in
failing to provide the statutorily required 8    Union employees in violation of Section 8        violation of Section 8(a)(5); and discharged
(d)(3) notice prior to implementing its final    (a)(1); refused to hire Union employees in       three employees on account of their union
offer; failing and refusing to provide the       violation of Section 8(a)(3); and established    activity and because they testified at a prior
Union with information regarding bargain-        initial terms and conditions of employment       unfair labor practice hearing, in violation of
ing proposals; making unilateral changes to      that varied from those the employees had         Section 8(a)(3) and (4).
employee terms and conditions of employ-         when employed by the predecessor and
ment; and implementing its final offer when      refused to recognize and bargain with the            The Region prosecuted Eichorn both
no impasse did, or legally could exist.          Union in violation of Section 8(a)(5).           before the Board and in U.S. District
                                                                                                  Court. A trial on the merits was held be-
    A trial on the merits was held in January        A trial was then held before Administra-     fore Administrative Law Judge Clark in
2007, in Washington, Iowa. In mid-               tive Law Judge Vandeventer in April 2007.        April 2007. The Region is awaiting Judge
February, the Region filed its petition for      In May 2007, the Region filed a petition for     Clark’s decision. In June 2007, the Region
injunctive relief under Section 10(j) of the     interim injunctive relief under Section 10(j)    filed for 10(j) injunctive relief in U.S. Dis-
Act in the United States District Court for      in U.S. District Court, District of Minne-       trict Court, District of Minnesota and a
the Southern District of Iowa. Just prior to     sota. After a hearing on the petition for an     hearing on the petition for injunction was
the hearing on the injunction, Administra-       injunction, Judge Davis issued an order          held before Chief Judge Rosenbaum. In
tive Law Judge Bruce Rosenstein, who             requiring Holiday Inn Express to offer em-       August 2007, Chief Judge Rosenbaum is-
heard the trial on the merits, issued his        ployment to all bargaining unit employees,       sued a decision in which he ordered the
decision sustaining virtually all of the Com-    rescind any and all unilateral changes, and      interim reinstatement of two of the three
plaint allegations.                              to bargain in good faith with the Union. In      discharged employees. Eichorn complied
                                                 August 2007, Administrative Law Judge            with Judge Rosenbaum’s order and immedi-
   A hearing was held on the injunction          Vandeventer issued a decision sustaining all     ately reinstated the two employees. In
before the honorable Charles R. Wolle on         of the complaint allegations. Holiday Inn        October 2007, Eichorn and the Union exe-
March 9, 2007. Shortly thereafter, Judge         Express did not appeal Judge Vandeventer’s       cuted their first collective bargaining agree-
Wolle issued a decision granting the relief      decision. Holiday Inn Express has offered        ment.
requested by the Region. The case is cur-        employment to the unit employees, recog-
                                                                                                  By Nichole Burgess-Peel, Florence Brammer and
REGION         18     HOT      DISH                                                               Kristyn Myers
    PAGE       4




                Who’s Who: REGION 18 STAFF




Front row, seated: Shelley Korch, Assistant GC; Ronald Meisburg, GC; Robert W. Chester, RD; Robert J. Battista, Chrmn.; Gerald
Kobell, RD – Reg. 6; Richard A. Siegel, Assoc. GC. Row 2 (seated): Paulette Jamison, Justin Grgurich, Bernadette Grenzer, Roger
Czaia, Pamela Scott, Deann Helget, Olga Bestilny. Row 3: Marie Simpson, Nichole Burgess-Peel, Linda McIlhon, Susan Shaughnessy,
Florence Brammer, Sandra Francis. Row 4: Joseph Bornong, Paul Scipioni, Jennifer Hadsall, Kristyn Myers, Deborah Rogers, David
Biggar, Robert Reid, David Garza, James Fox, Charles Chermak, Marlin Osthus, Jason Ranne, Sara Frey. (photos courtesy of Joe
Bornong)

Region 18 of the National Labor Relations Board handles Unfair Labor Practice charges and Representation petitions
for North Dakota, South Dakota, Minnesota, Iowa, and Western Wisconsin. The Region is comprised of a main office
in Minneapolis, Minnesota and a resident office in Des Moines, Iowa. In 2006, Robert W. Chester became the Re-
gion’s Regional Director. The Regional Director is supported by an outstanding team of managers and staff, which
has lead the Region to timely processing of both ULP and R cases and a near 100% litigation win rate.


                   Staff Titles and Approximate Years of Service (YOS) with the NLRB:
Regional Director: Robert W. Chester has 31 YOS.
Regional Attorney: Marlin O. Osthus has 30 YOS.
    Marlin supervises the Compliance Officer: Roger Czaia (19 YOS).
Deputy Regional Attorney: James L. Fox has 30 YOS.
          Jim supervises the Minnesota Team (Southern Minnesota and Wisconsin):
Attorney David Biggar (33 YOS), Attorney Florence Brammer (23 YOS), Attorney Nichole Burgess-Peel (8 YOS), Field Examiner Susan Shaugh-
nessy (31 YOS), and Attorney Marie Simpson (19 YOS).
Supervisory Attorney: Pamela W. Scott has 19 YOS.
          Pam supervises the Dakota Team (Northern Minnesota, North Dakota, and South Dakota): Attorney Joseph Bornong (20
YOS), Attorney Sandra Francis (7 YOS), Field Examiner Jennifer Hadsall (4 YOS), Attorney Kristyn Myers (4 YOS), and Field Examiner Deborah
Rogers (33 YOS).
Des Moines Resident Officer: David T. Garza has 12 YOS.
          David supervises the Iowa Team: Field Examiner Robert Reid (30 YOS) and Field Examiner Charles Chermack (1 YOS).
Office Manager: Bernadette M. Grenzer has 33 YOS.
          Bernie supervises the Des Moines and Mpls Support Staff: Secretary to the Regional Director Paulette Jamison (36 YOS), Secre-
tary to the Regional Attorney Olga Bestilny (31 YOS), Automation Staff Assistant/Election Clerk Sara Frey (8 YOS), Compliance Assistant Deann
Helget (19 YOS), Office Automation Assistant Zohreh Bourbour (2 YOS), and Des Moines Office Automation Assistant Linda McIlhon (1 YOS).

   REGION          18   HOT     DISH

				
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