An employee at Rowell Chemical Corporation in Willow Springs, Illinois, has requested that the National Labor Relations Board (NLRB) overturn a regional decision preventing a vote to remove the Teamsters Local 710 union. Jeffrey Johnston, the worker involved, is being assisted by the National Right to Work Legal Defense Foundation.
The NLRB, headquartered in Washington, D.C., manages elections for union certification and decertification and resolves disputes between employers, unions, and employees. Johnston’s appeal argues that regional officials blocked his request for a union removal vote based on questionable “blocking charges” filed by Teamsters against Rowell management.
Blocking charges are often used by union officials to delay or cancel decertification votes. These charges are sometimes unproven and unrelated to workers’ reasons for wanting to remove a union. In 2020, the NLRB adopted reforms allowing workers to vote before related litigation was handled. However, in 2024 under the Biden administration, a new rule was implemented allowing union officials to use blocking charges to halt election proceedings entirely.
Johnston’s Request for Review claims that the current blocking charge policy violates federal laws such as the National Labor Relations Act (NLRA) and the Administrative Procedure Act (APA). He argues that an election should be scheduled promptly if there is a question concerning representation.
Furthermore, Johnston contends that at minimum, a hearing should be held regarding whether alleged employer misconduct is relevant to his and his coworkers’ desire to remove the union. The regional board did not conduct such a hearing before blocking the vote.
“My coworkers and I requested a vote almost two months ago,” stated Johnston. “It’s not fair that union bosses and the NLRB can trump our free choice.”
Mark Mix, President of the National Right to Work Foundation, added: “Mr. Johnston speaks for workers across the country in challenging this NLRB-invented policy.”
