In a twist that could make even the most seasoned labor attorney raise an eyebrow, the International Brotherhood of Electrical Workers (IBEW) Local 111 found itself in hot water after violating multiple provisions of the National Labor Relations Act (NLRA)—not as a corporate employer, but as a union. The issue? After voluntarily recognizing its employees’ right to unionize, Local 111 broke labor laws against its own staff.
The Backstory
Local 111, representing 4,400 members across Colorado and Wyoming, voluntarily recognized United Professionals International (UPI) in June 2022, a union formed by assistant business manager Leendert de Blaeij. It seemed like a win for workers’ rights. But when leadership changed just a month later, things quickly took a turn. The new business manager, Rich Gutierrez, began making significant changes that would land the union in legal trouble.
The Violations
- Unilateral Changes: Gutierrez rolled out new policies, like banning personal use of company vehicles and instituting a strict 7 a.m. start time, without bargaining with UPI. This violated Section 8(a)(5) of the NLRA, which mandates that employers negotiate over significant changes in working conditions.
- Discriminatory Firing: When de Blaeij, the union organizer, was fired for “poor performance,” the timing—just after he helped form UPI—raised serious red flags. The judge found the firing to be retaliation for his union activities, violating Section 8(a)(3).
- Coercive Statements: Gutierrez reportedly told de Blaeij, “We don’t have union representation for you here,” and “I don’t recognize your stewards,” clearly infringing on Section 8(a)(1), which protects union organizing efforts.
- Delays in Information: When UPI requested basic employee information, Local 111 dragged its feet for weeks, violating Section 8(a)(5), which requires timely responses to union requests.
What Wasn’t Violated
Judge Ringler dismissed allegations of unreasonable bargaining delays and affirmed Local 111’s right to discipline staff in line with established policies. In short, the union wasn’t found guilty of everything it was accused of.
The Remedy
The union must reinstate de Blaeij with backpay, rescind the unilateral policy changes, and post notices acknowledging its violations. It’s a tough pill to swallow for an organization that advocates for workers’ rights but fails to walk the walk within its own ranks.
The Irony: A Union Acting Badly Against Another Union
Here’s the kicker: a union that allegedly fights for workers’ rights was caught denying those rights against its own employees. Local 111’s actions, which included retaliation against union organizing and unilaterally changing terms of employment, put them squarely in the “bad employer” category.
Key Takeaways
- Unions must respect their own employees’ right to organize, just as they advocate for it in the broader workforce.
- How a union treats its workers speaks volumes about its commitment to workers’ rights.
The lesson here is that unions care less about workers’ rights. They are not altruistic organizations. They are businesses that aim to “sell” themselves to employees to collect union dues. In the case of Local 111, they learned the hard way that workers’ rights aren’t just for the workplace—they need to be respected within union walls, too.
