So-called ‘SMART’ Local 137 union officials disclaim representation rather than face a decertification vote of rank-and-file workers
Fairlawn, NJ (March 23, 2023) – Calmac Corp employee Carlos Flores and his coworkers have won their effort to free themselves of the Sheet Metal, Air, Rail, and Transportation (“SMART”) Local 137 union. The worker’s decertification effort recently became official when the SMART Local 137 union officials preemptively “disclaimed” interest in representing the Calmac Corp workers, rather than face a vote on whether to remove the union.
Flores, during the course of the decertification effort, received free legal aid from National Right to Work Legal Defense Foundation attorneys. The decertification petition, filed with the National Labor Relations Board (NLRB), included the signatures of a significant portion of his coworkers.
The Calmac Corp employee petition was filed on March 7, 2023. The petition was quickly followed by a letter from union officials, disclaiming interest in “representing” Calmac Corp workers. Luckily for the Calmac workers, the entire decertification process was completed rather quickly. However, this is not always the case for many workers around the nation who are also working to remove overbearing unions.
For example, the NLRB’s union decertification process is prone to union boss-created roadblocks. That includes “blocking charges”, or charges union officials levy against employers in an attempt to postpone or de-legitimize decertification efforts. These charges often have little to no basis and are used specifically to delay decertification petitions.
Foundation-backed reforms the NLRB adopted in 2020 made it somewhat easier for workers to remove unwanted union officials, and made it harder for unions to file blocking charges. However, the Biden NLRB is attempting to roll back these protections and make it much more difficult to decertify a union.
Worker interest in removing unwanted unions is growing nationwide, with National Right to Work Legal Defense Foundation staff attorneys fielding numerous requests for free legal assistance in decertification cases, with Flores and his coworkers just being one of these cases.
The NLRB’s own data show that, currently, a unionized private sector worker is more than twice as likely to be involved in a decertification effort as a nonunion worker is to be involved in a unionization campaign.
“While we are extremely satisfied Calmac Corp workers were able to exercise their right to be union-free, had the 2020 Foundation-backed reforms to the NLRB not been in place this could have been a different story with union officials dragging out the process even though they clearly knew any vote would go against the union,” observed Mark Mix, President of the National Right to Work Foundation.
“Should the Biden-appointed NLRB Members be successful in their goal to roll back these reforms, workers like those at Calmac Corp could face enormous hurdles in their decertification efforts and be trapped within union ranks for months or even years,” Mix continued.
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.
