Facing imminent workers’ vote in a decertification election, Teamsters Local 695 officials end forced “representation”

Darien, WI (June 6, 2024) – Employees at Americold Logistics in Darien, Wisconsin have won their freedom from Teamsters Local 695. Americold Logistics employee, Leo Garcia, originally filed a petition on behalf of a majority of workers at the facility seeking a vote to remove the Teamsters from their workplace. The decertification petition was filed with free legal aid from the National Right to Work Legal Defense Foundation.

Garcia filed the petition on May 16 with the NLRB, the federal agency responsible for enforcing federal labor law, which includes administering elections to install (or “certify”) and remove (or “decertify”) unions. Garcia’s petition contained support from a majority of employees, which is more than is required to trigger a decertification vote under NLRB rules.

When it became clear that the election would be scheduled, Teamsters Local 695 disclaimed recognition on May 23, 2024, stating in an email to the employer that the union “unequivocally disclaims its interest in representing and collectively bargaining for the unit at Americold in Darien, Wisconsin…that this will end processing of the Petition.” On May 24, NLRB Region 18 acknowledged the union disclaiming recognition, meaning no election would be needed since the workers’ desired result – the removal of the union – had already been accomplished.

Because Wisconsin is a state with Right to Work protections, union officials can’t force employees like those at Americold Logistics to join the union or pay union dues as a condition of getting or keeping a job. In contrast, non-Right to Work states like neighboring Illinois and Minnesota let union officials push for terms with employers that compel workers to pay dues as a condition of employment.

But even in Right to Work states, federal law grants union officials the power to impose their “representation” on all workers in a unit, even those who oppose the union or voted against its presence. However, workers can choose to exercise their right to decertify a union they disapprove of.

Until the union disclaimed representation, the workers’ were subjected to a one-size-fits-all union monopoly contract. Under the NLRB-created “contract bar” policy, workers cannot get a decertification vote for up to three years as long as a union monopoly bargaining agreement is in place. However, at Americold, the union contract was five years long and had already been in effect for over three years.

“Having already been subjected to Teamsters’ bosses so-called ‘representation’ and monopoly contract for years, these workers had more than enough information to decide they would be better off without the union, and apparently Teamsters officials knew it too since as soon as the vote became inevitable they left rather than contest it,” said Foundation President Mark Mix. “While we are pleased these employees have succeeded in their effort to remove an unwanted union, cases like this show why the NLRB’s non-statutory contract bar policy should be eliminated entirely.”

“Workers shouldn’t be trapped under a union contract they oppose for three years until they can avail themselves of their clear right under federal law to petition for a vote to end union affiliation they oppose,” added Mix.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.