NLRB to sue Nevada company in labor dispute

Grace Leong

Tuesday, June 13, 2000 | 11:09 a.m.

Jensen Precast, one of four companies listed in a "black book" Monday by Las Vegas labor unions and a religious group, said it is being targeted because it has resisted union organizing efforts for the past year.

The precast concrete products maker said the black book and a rally scheduled for Wednesday at its Las Vegas plant are part of the Nevada Carpenters Union's strategy to force Jensen to voluntarily recognize the union.

Jensen says none of its employees in its five plants in California, Nevada and Oregon have chosen to be represented by a union.

The union rally, to be led by national AFL-CIO Secretary-Treasurer Richard Trumka, is part of "7 Days in June," a week of hearings, marches, rallies and bus tours aimed at bolstering organized labor nationwide.

The black book lists employers that unions claim cheat workers on prevailing wages and illegally prevent employees from joining unions.

It's named after the Nevada Gaming Commission's so-called black book of criminals and other undesirables barred from casinos.

"The unions have every right to picket. We respect that right," said Eric Jensen, Jensen Precast president. "But if they cross the picket line and commit criminal activity, we will take the appropriate legal action."

Jensen claims an overwhelming majority of its Southern California workers voted not to join a union and said it expects a "favorable decision very soon" on a current National Labor Relations Board investigation of seven charges of labor law violations the union filed in August 1999 against Jensen.

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

The union alleged Jensen threatened workers with plant closures, assigned more onerous work to two union supporters and refused to rehire four striking workers.

Eric Jensen denied the charges.

"That didn't happen. We certainly did not make those statements."

A National Labor Relations Board administrative law judge is now conducting hearings on whether the charges of unfair labor practices have merit and what the penalties will be.

Separately, the NLRB is expected to file a petition today for injunctive relief in U.S. District Court to force Jensen to negotiate a contract with the union and to reinstate the five terminated workers.

But Jensen challenged the petition.

"It's bizarre to us that with the administrative law hearings under way and 60-70 percent near completion that the board would file for injunctive relief."

"The injunction would allow the union to represent workers without them ever having to vote. We feel that if the workers were allowed to vote, they won't vote for the union."

Jeff Hermanson, the union's spokesman, disagreed.

"Only in the most egregious situations does the labor board file an injunction in federal court. Because of the seriousness of the charges, the labor board felt it necessary to seek an injunction, which is a quicker way of making the company change its behavior."

Steve Wamser, NLRB's deputy regional attorney, concurred.

"It's a somewhat extraordinary case. It's our belief that without an interim bargaining order, it will be difficult for the union to keep its strength."

"The union got majority support from employees and therefore requested the company to recognize the union," he said. "But Jensen declined and our evidence indicates that it instituted a wage increase and bonuses for employees to turn them away from the union."

But Jensen disagreed.

"That's not true. We've given appropriate increases as we would have customarily. That was part of our normal operating business. What we can't do is change our wages and benefits plan to influence the campaign or union support."

Jensen said the Sparks-based company offers competitive wages, health insurance, up to 19 days of vacation based on seniority, paid holidays, a 401K retirement plan with 25 percent company matching funds, profit sharing and safety and attendance incentive bonuses. It said it has operated for 529 days at its Las Vegas plant without a lost time accident and was recently given a nationwide safety award from an industry trade association.

"We're not against unionizing the workforce," he said. "We want employees to vote for themselves. But the union wants us to voluntarily recognize them. That we absolutely will not do because that needs to be an employees' decision."

But the union's Hermanson disagreed.

"On June 2, 1999, 45 out of 60 Jensen workers put on union T-shirts and marched into the Las Vegas plant to force Jensen to recognize the union. It was a clear majority. But instead of recognizing the union, Jensen threatened to fire them if they didn't take off their union shirts."

Three other companies, Jetstream Construction Inc., Santa Fe hotel-casino and Precision Concrete, couldn't be reached for comment on their listings in the union black book.

Jetstream, facing the Carpenters Union's charges that it solicited kickbacks on public works projects from 11 Hispanic workers and failed to pay prevailing wages, is currently under investigation by the Nevada Contractor's Board and Labor Commissioner's office. Jetstream executives have denied wrongdoing and say they're being targeted for refusing to recognize the union.

Station Casinos Inc. of Las Vegas, operator of non-union locals casinos, today announced plans to buy the Santa Fe hotel-casino.

The union black book accused Santa Fe management of stalling negotiations for a union contract and a series of alleged labor law violations including nine illegal firings and 14 illegal threats to fire workers who tried to unionize the hotel-casino.

Negotiations between the union and the Santa Fe for a union contract began in January 1998 after the union won a National Labor Relations Board-supervised election. Santa Fe has said there are simply too many issues to be discussed, making it impossible to negotiate a contract quickly.

And Precision Concrete Co. was cited for more than 35 violations of Nevada's OSHA laws, of which 15 were serious, including no fall protection, unsafe equipment and no safety rail, the union black book alleged.

Precision has denied similar union allegations that it failed to provide water and rest breaks for workers.