Dec.22, 2011
NLRB adopts new union election rule
The National Labor Relations Board (NLRB) announced Wednesday (Dec. 21) the adoption of a new rule that will reduce unnecessary litigation and delays in the union petition process. The new rule, which takes effect April 30, focuses on procedures pertaining to the hearings that can occur once a petition for a union recognition election is filed.
This is great news! This new rule will shorten the timeline to get to a union election by eliminating unnecessary litigation. In the future, other workers seeking to organize will not have to go through the long process that we have gone through.
The NLRB reports that 10% of all petition filings end up in a hearing. We were a part of that 10% just this past year. The hearing process caused us significant delays in our effort to join SPEEA. This new rule limits regional hearings to issues that are relevant to whether an election should be held. The hearing officer will now have the authority to limit testimony and to decide whether or not to accept post-hearing briefs. Also, all appeals will be consolidated into one post-election appeal or request for review.
Also, watch your home mail as we head into the holiday break. We have sent a letter reviewing some of the recent changes as a result of our organizing to join SPEEA.
NLRB press release on the new rule.
Complete text of the final rule.
Dec.2, 2011
Boeing files opposition with NLRB in response to
SPEEA’s appeal of decision
The Boeing Company formally filed to oppose our most recent Request for Review (appeal) of the National Labor Relations Board (NLRB) Region 19 decision stating Field Service Representatives (FSR) do not share the necessary “community of interest” with employees in the SPEEA Professional Unit to have a vote to join the unit.
Boeing filed Nov. 30 to oppose our Request for Review of the latest decision to the national office in Washington, D.C.
Boeing did not appeal the part of the Region 19 decision that was in SPEEA’s favor regarding Team Leaders. That means Team Leaders can participate in a union vote because they are not considered supervisors.
In Boeing’s recent filing, the company continues to argue FSRs should not be allowed to vote to join the SPEEA Professional bargaining unit. The national NLRB must now make a decision whether to take SPEEA’s Request for Review. There is no timeline for determining whether the NLRB will accept review. If the review is accepted, the NLRB will then determine whether or not to overturn the Region 19 decision.
If the NLRB chooses not review the decision, FSRs can still organize with SPEEA as a separate unit. It is not uncommon to have stand-alone units of this size in a union. The Airplane Manufacturing Pilots Association (AMPA) is a good example of a stand-alone bargaining unit with fewer than 100 employees. AMPA is a SPEEA bargaining unit that is currently working to expand with a new group of pilots now circulating and signing union authorization cards. Click here for more details.
We will keep you updated on the progress of our Request for Review.
Read Boeing’s opposition to Request for Review.
Nov. 16, 2011
FSR organizing
SPEEA seeks to appeal NLRB decision
After a disappointing decision from the regional office of the National Labor Relations Board (NLRB), SPEEA filed a ‘request for review’ appeal to the national office of the NLRB Nov. 15 on behalf of Boeing Field Service Representatives (FSR) seeking to join the Professional Unit.
The request seeks to overturn the Nov. 1 ruling by the NLRB Region 19 director who decided against an election for FSRs to join the Prof unit because there wasn’t sufficient ‘community of interest.’ This also takes away the Prof members’ right to vote on FSRs joining the unit.
The FSR organizing committee held many conversations about the options over the past few weeks. The committee and SPEEA concluded the decision is wrong and should be appealed.
Although the regional director acknowledged some strong similarities between FSRs and the Prof unit, he maintained the focus should have been on how FSRs fit into the global (Boeing) workplace structure – to see if there were other communities of interest.
“In any workplace, there may be several possible units – unions need only to seek an appropriate unit as documented in our legal brief,” said Joe Goldhammer, SPEEA’s legal counsel. “This decision appears to be a new standard with no cases to back it up. That’s why we are asking the NLRB to overturn it so both groups can vote.”
Despite concluding FSRs do not share a community of interest, the regional director agreed with SPEEA’s contention that team leaders are not ‘supervisors’ under the statute. Boeing sought to exclude team leaders from voting on union representation.
Boeing is already asking for an extension to file its brief in opposition to SPEEA’s ‘request for review.’
Read the request for review.
Nov. 2, 2011
FSRs evaluate next step after disappointing NLRB decision
While agreeing with many of our arguments, the National Labor Relations Board (NLRB) Region 19 none the less issued a “Decision and Order” Tuesday (Nov. 1) denying Field Service Representatives share a sufficient community of interest with our co-workers in the SPEEA Professional bargaining unit.
“I’m disappointed the board did not recognize the community of interest,” said SPEEA President Tom McCarty. “We’re going to do everything we can to assist FSRs in their effort to gain union representation in the workplace.”
Committee.
The FSR Organizing Committee is evaluating the details of the 45-page decision and working with union leaders and attorneys to determine our next steps to gain a voice at work.
The NLRB agreed with Boeing on the issue of community of interest. However, the decision said Boeing failed in its attempt to eliminate Team Leaders as FSR co-workers. This portion of the decision means the more than one dozen Team Leaders are clearly part of our effort to gain a voice at work.
We have until Nov. 15 (14 days from the decision) to submit a request to the Washington, D.C., NLRB office to review the Region 19 decision.
The complete decision is available for reading: Decision and Order. Organizing Committee members are available to answer your questions.
Watch your email, home mail, and the FSR website at www.fsryes.org for updates from our Organizing
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Read the FSR brochure
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Sept. 5, 2011
SPEEA Executive board submits letter to NLRB regarding FSRs
Labor Day greetings from your friends at SPEEA. We know this has been a long process with the National Labor Relations Board (NLRB), but we expect a decision soon.
In case you weren’t aware, the SPEEA Executive Board submitted comments to the NLRB on your behalf – regarding the Labor Board’s recently proposed changes to reduce delays in setting union election dates. In SPEEA’s comments on behalf of 25,000+ represented employees, the Executive Board shared your story of FSRs trying to organize with SPEEA, and the road blocks, delays and litigation that weigh down the system.
“These proposed rules would have made a difference for FSRs seeking a union election,” noted Joe Goldhammer, SPEEA attorney for our case. “For example, The Boeing Company didn’t formally state on the record its position that Team Leads (TL) were supervisors until the 12th (and final) day of the hearing. The new rules would not allow that to happen, leading to a quicker resolution. Under the new rules, supervisory issues would be resolved after the election.”
The NLRB closed comments on the proposed changes to streamline the election process on Aug. 22. A decision will be made whether to adopt the rules for speedier elections in the future.
Click here to see the letter SPEEA sent to the NLRB in support of the proposed organizing process with fewer delays.
As you make plans for the holiday weekend, check out free Labor Day and solidarity activities that all FSRs (and their families) are welcome to attend: http://www.speea.org/
Aug. 12, 2011
Latest legal briefs give NLRB arguments to decide FSR
‘community of interest’ with SPEEA Professional Unit
SPEEA and The Boeing Company this week submitted revised legal briefs to the National Labor Relations Board (NLRB) Region 19. Filed Thursday (Aug. 11), the NLRB should have the information necessary to rule on remaining issues delaying a union representation vote of Field Service Representatives (FSRs).
The revised briefs highlight testimony from the 12-day hearing in January and February. Allowing testimony and exhibits from the earlier hearing avoids a second NLRB hearing. After reviewing the briefs, the NLRB should be able to determine if FSRs share the necessary “community of interest” with employees in SPEEA’s largest Professional Unit and whether Team Leaders are supervisors. If the union prevails on the community-of-interest issue, a date will be set for a vote of FSRs to join SPEEA.
In SPEEA’s 54-page legal brief, we show how FSRs’ jobs are highly functionally integrated with those of the SPEEA Professional bargaining unit. This includes frequent and continuous contact, interchange of employees, and our ability to assist and collaborate in the handling of difficult and complex issues with professional bargaining unit employees. Airline Support Engineers/Airline Support Account Managers (ASE/ASAMs), and service engineers, are just a few of the SPEEA professionals FSRs work with on a daily basis, share job duties, and as such, share the necessary community of interest with SPEEA Professional unit employees. SPEEA also explained why Team Leaders are not supervisors.
Boeing’s 75-page legal brief repeats the company’s argument that FSRs are not professionals and that our duties are substantially different from our Boeing co-workers in the SPEEA Professional unit. The company argues our skills, functions and job duties are inferior and substantially different than those used by Professional Unit employees. Boeing continues to argue that Team Leaders are supervisors and should not be allowed to vote in an FSR election and be represented by SPEEA.
Read the SPEEA legal brief Read the Boeing legal brief
Next steps
The Seattle area NLRB (Region 19) will issue a decision regarding both issues. There is no deadline or timeline for the decision.
If the NLRB agrees FSRs share a community of interest with employees in the SPEEA Professional Unit, the NLRB will set an election for FSRs to vote. The NLRB may also hold an election of SPEEA members in the Professional Unit regarding the FSRs’ request for inclusion in the Professional Unit.
If the NLRB rules FSRs do not share a community of interest, we can still seek an election to join SPEEA by forming our own FSR bargaining unit. SPEEA has similar-sized, stand-alone, bargaining units for Boeing pilots, engineers and technical employees.
Watch your home mail, email and the FSR website at www.fsryes.org for updates from our Organizing Committee. The website also has our contact information if you have questions.
July 28, 2011
NLRB will decide remaining FSR issues without holding a 2nd hearing
Edging FSRs a fraction closer to securing a vote to join SPEEA, the National Labor Relations Board (NLRB) on Wednesday (July 27) accepted a "stipulated agreement" between SPEEA and The Boeing Company that allows rulings on two remaining issues without holding a second NLRB hearing.
"This is good news," said Joe Goldhammer, SPEEA's attorney on the FSR organizing effort. "We weren't sure if the NLRB would require a second hearing when we filed our new petition July 14, but we needed to take this step to pursue an election for FSRs to join SPEEA."
In lieu of the hearing, SPEEA's legal team will revise our brief to focus on the facts that show FSRs have a sufficient "community of interest" with Boeing employees already included in the SPEEA Professional bargaining unit. We will also continue to assert team leaders are not supervisors.
Both sides' revised briefs are due Thursday, Aug. 11.
Next steps
Once briefs are submitted, the Seattle area NLRB will issue a decision regarding both issues. There is no deadline or timeline, this decision could take weeks or months.
If the NLRB agrees FSRs share a community of interest with employees in the SPEEA Professional Unit, the NLRB will set an election for FSRs to vote. The NLRB may also hold an election of SPEEA members in the Professional Unit regarding the FSRs' request for inclusion in the Professional Unit. If the NLRB rules that FSRs do not share a community of interest, we can still seek an election to join SPEEA by forming our own FSR bargaining unit. SPEEA has similar stand-alone bargaining units for Boeing pilots, engineers and technical employees.
Watch your home mail, email and the FSR website at www.fsryes.org for updates from our Organizing Committee. The website also allows you to send questions in to the committee on the Contact Us page or our individual email addresses are on the About Us page.
July 14, 2011
Notice sent to NLRB
FSRs are continuing efforts to join SPEEA
After weighing available options and multiple conversations with the National Labor Relations Board (NLRB) about the status of our case, our FSR Organizing Committee today (July 14) re-filed a petition seeking a vote of FSRs to join SPEEA-IFPTE Local 2001. Following the NLRB's guidance, the re-filing asks the NLRB to complete work on outstanding issues, including determining if FSRs share a community of interest with the SPEEA Professional Bargaining Unit.
Re-filing was our next step after the NLRB?s Washington, D.C. office last week denied our request to review and overturn the initial "Decision and Conditional Order" issued April 13 by the Seattle Region. In that conditional order, only one of three key issues was addressed, that was to agree with the assertion made by Boeing management that FSRs are "non-professional" employees. The order did not rule on the issues of FSRs sharing a "community of interest" with employees covered by the SPEEA Professional Contract and whether FSR Team Leaders are supervisors (an issue formally brought by Boeing on the last day of our 12-day hearing).
Our new filing asks the NLRB Regional Director to resolve outstanding issues so we can proceed with an NLRB vote of FSRs to join SPEEA.
We will submit the record from the hearing under the previous petition's case number to be considered and are hopeful Boeing will not try to stall and litigate this issue further. If the NLRB determines FSRs share a community of interest with employees in the SPEEA Professional Unit, an election will be held for FSRs to vote on joining SPEEA. In addition, the NLRB will hold an election of SPEEA members in the Professional Unit to approve FSRs joining the bargaining unit. If the Regional Director does not find sufficient community of interest, we can still join by forming our own SPEEA FSR Bargaining Unit. SPEEA presently has similar stand-alone bargaining units for pilots, employees at Triumph Composite Systems in Spokane, Wash., and employees at BAE Systems in Irving, Texas.
There is no way to know how long this process will take. SPEEA's elected leaders remain committed to supporting FSR efforts to join SPEEA. We will continue to update you as we learn more about the next steps in the process.
Watch your home mail, email and the FSR website at www.fsryes.org for updates from our Organizing Committee.
July 7, 2011
Notice sent to NLRB
FSRs are continuing efforts to join SPEEA
After weighing available options and multiple conversations with the National Labor Relations Board (NLRB) about the status of our case, our FSR Organizing Committee today (July 14) re-filed a petition seeking a vote of FSRs to join SPEEA-IFPTE Local 2001. Following the NLRB's guidance, the re-filing asks the NLRB to complete work on outstanding issues, including determining if FSRs share a community of interest with the SPEEA Professional Bargaining Unit.
Re-filing was our next step after the NLRB?s Washington, D.C. office last week denied our request to review and overturn the initial ?Decision and Conditional Order? issued April 13 by the Seattle Region. In that conditional order, only one of three key issues was addressed, that was to agree with the assertion made by Boeing management that FSRs are "non-professional" employees. The order did not rule on the issues of FSRs sharing a "community of interest" with employees covered by the SPEEA Professional Contract and whether FSR Team Leaders are supervisors (an issue formally brought by Boeing on the last day of our 12-day hearing).
Our new filing asks the NLRB Regional Director to resolve outstanding issues so we can proceed with an NLRB vote of FSRs to join SPEEA.
We will submit the record from the hearing under the previous petition's case number to be considered and are hopeful Boeing will not try to stall and litigate this issue further. If the NLRB determines FSRs share a community of interest with employees in the SPEEA Professional Unit, an election will be held for FSRs to vote on joining SPEEA. In addition, the NLRB will hold an election of SPEEA members in the Professional Unit to approve FSRs joining the bargaining unit. If the Regional Director does not find sufficient community of interest, we can still join by forming our own SPEEA FSR Bargaining Unit. SPEEA presently has similar stand-alone bargaining units for pilots, employees at Triumph Composite Systems in Spokane, Wash., and employees at BAE Systems in Irving, Texas.
There is no way to know how long this process will take. SPEEA's elected leaders remain committed to supporting FSR efforts to join SPEEA. We will continue to update you as we learn more about the next steps in the process.
Watch your home mail, email and the FSR website at www.fsryes.org for updates from our Organizing Committee.
July 7, 2011
NLRB agrees with Boeing, FSRs are not professionals
SEATTLE - The Boeing Company's assertion that Field Service Representatives are not professional employees has prevailed with the National Labor Relations Board (NLRB) which today issued an order denying our request to review and overturn NLRB Region 19's "Decision and Conditional Order" stating the same. Today's order was issued in a single sentence.
While it is disappointing the NLRB agreed with Boeing, our FSR Organizing Committee is evaluating and considering options for moving forward.
Filed April 27, the Request for Review asked the Washington D.C. office of the NLRB to overturn the Regional Director's order. Our organizing petition sought affirmation that FSR work shares a community of interest with employees in the SPEEA Professional Unit contract.
Watch your home email and the FSR website at www.fsryes.org for updates from our Organizing Committee.
June 25, 2011
Proposed new rules streamline union election process
The National Labor Relations Board (NLRB) recently proposed changes to reduce some of the delay for setting union election dates. These rules could prevent the ongoing struggle FSRs face.
"These proposed rules would have made a difference for FSRs seeking a union election," said Joe Goldhammer, SPEEA attorney for our case. "For example, The Boeing Company didn't formally state on the record its position that Team Leads (TL) were supervisors until the 12th (and final) day of the hearing. The new rules would not allow that to happen, leading to a quicker resolution. Under the new rules, supervisory issues would be resolved after the election."
As noted by the Board, the proposed amendments:
- Remove unnecessary barriers to the fair and expeditious resolution of questions concerning representation.
- Simplify case procedures and render them more transparent and uniform.
- Eliminate unnecessary litigation.
- Consolidate requests for Board review of regional directors, pre- and post-election determinations into a single, post-election request.
For details on the proposed amendments, view the NLRB fact sheet and summary.
Take action - submit a comment of support for proposed rules
FSRs are encouraged to submit a comment supporting the new rules to streamline the NLRB election process. Deadline: August 22.
- To submit electronically, go to www.regulations.gov, and submit a comment under proposed rules with the key words: "representation case procedures."
- To submit by mail, send to Lester Heltzer, executive secretary, NLRB, 1099 14th Street NW, Washington DC 20570.
