Judge rules Austal once again engaged in unfair labor practices (PASS EFCA)

[Omaha Steve]

http://www.al.com/business/press-register/index.ssf?/base/business/125490694657850.xml&coll=3

Wednesday, October 07, 2009
By JEFF AMY and KAIJA WILKINSON
Business Reporters

A union could get a third crack at organizing Austal USA's workers after an administrative law judge ruled the Mobile River shipyard again committed unfair labor practices in the run-up to an April 2008 election.

Austal said it is considering appealing the decision, released last week, to the full National Labor Relations Board. If the 950-employee shipbuilder does not appeal, the decision will become binding, and workers will vote for the third time in seven years on whether they want to be represented by the Sheet Metal Workers International Association. Austal workers rejected the union in 2008, 528 to 171.

In a Tuesday statement, Austal said those who voted "did so free of any undue influence on the part of the company as alleged by the union.

"For this reason," the company said, "Austal is extremely disappointed with the administrative law judge's decision and is reviewing options for appeal so that the employees' choice to remain union-free is upheld."

The union first tried to organize Austal workers in 2002. The April 2008 election was ordered by a National Labor Relations Board judge who found the company committed unfair labor practices before that vote. Austal was also ordered to rehire 10 fired pro-union workers and give them back pay in that decision.

In the more recent case, the judge found that Austal had unfairly fired pro-union employee Carolyn Slay on March 25, 2008, and ordered the firm to offer to rehire her, as well as repay lost earnings and benefits, and remove references to the firing from its files.

FULL story at link.