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October 13, 2020 08:27 AM

US labour regulator sides with union in Kumho dispute 

Jim Johnson, Tire Business, a US sister publication of European Rubber Journal
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    Macon, Georgia - US federal labour regulators have sided with union officials who alleged unfair labour practices against Kumho Tire USA Inc. during a 2017 union election at the company's Georgia tire manufacturing plant.

    The ruling by the National Labor Relations Board (NLRB) has just upheld findings previously made by an administrative law judge that Kumho made several unlawful moves in an attempt to blunt the entry of the United Steelworkers into the Macon facility a few years ago.

    Union organisers lost that 2017 campaign, but a new vote earlier this year saw employees narrowly approve representation.

    The USW and Kumho have been in a years-long tussle regarding whether a little more than 300 employees of the plant should be unionised.

    On 8 Oct, a 21-page ruling by the NLRB indicated that company officials repeatedly made statements to employees that were unlawful while trying to convince employees not to join the union.

    In one such instance, the NLRB said company president Hyunho Kim improperly made statements that "drew a straight line from the employees' selection of the union as their collective-bargaining representative to the company's demise.

    "Kim clearly implied that the company would go out of business as a consequence of unionisation,” it said. 

    “Kim, however, failed to cite any objective facts that would tend to show that the respondent would have to go out of business for reasons beyond its control if employees selected the Union," the ruling states.

    The company was ordered to stop "threatening employees with plant shutdown, job loss, loss of benefits, transfer of work to other locations and stricter rule enforcement if they select union representation."

    Kumho also was ordered by the NLRB to top "threatening employees with reprisals, specified and unspecified, for their support of the union," and "suggesting that it will respond to employee grievances and complaints if employees reject union representation."

    The company was ordered to stop "interrogating employees regarding their union sympathies," "suggesting union representation would be futile," and "threatening changed work conditions, such as less help from supervisors."

    Kumho also was told to stop "giving the impression that it has placed employees' union activities under surveillance," "stop telling employees not to speak to other employees in support of the union," and "interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them."

    The company also is required to post copies of a notice in the plant indicating the NLRB found Kumho violated federal labour law.

    A representative for Kumho Tire Georgia could not be reached immediately for comment.

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    European Rubber Journal is published bi-monthly by NUERJ Ltd.

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