Judge rejects NLRB request that Nevada firm immediately bargain with Carpenters Union

Grace Leong

Friday, Aug. 4, 2000 | 11:13 a.m.

A federal judge Thursday rejected the government's petition to force Nevada concrete products maker Jensen Precast to immediately recognize the Carpenters Union, saying he was reluctant to issue an emergency bargaining order pending the completion of an administrative hearing on labor law charges against the firm.

The National Labor Relations Board on June 13 sued Jensen midway through a NLRB hearing before an administrative law judge on charges the union filed in August 1999.

The NLRB said it sued because it feared the company could exploit possible delays in the administrative proceedings to try to undermine union support.

But U.S. District Judge Lloyd George rejected the NLRB's request for an immediate bargaining order, saying it hasn't shown that Jensen's alleged labor law violations are "so serious that an application of the NLRB's remedies would make the holding of a fair election (by workers on union representation) unlikely."

George also said the facts in the case are in dispute and that the administrative law judge will have to hear evidence to sort out the claims.

The Carpenters Union charged that Jensen illegally threatened to terminate and subsequently fired five workers who participated in the strike from June 2 to Aug. 20, 1999, and allegedly offered large wages, bonuses and medical benefits to workers and promised to correct worker grievances if they agreed to stop supporting the union.

The union alleged Jensen also threatened workers with plant closures, assigned more onerous work to two union supporters, denied reasonable leave, refused to rehire four striking workers, prohibited workers from wearing union t-shirts and interrogated workers about their union activities.

The union is trying to organize about 450 workers in Jensen's five non-unionized plants in North Las Vegas; Sparks; Sacramento, Calif.; Fontana, Calif. and Bend, Ore.