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Louisiana poultry worker seeks NLRB review over blocked union decertification vote

Louisiana poultry worker seeks NLRB review over blocked union decertification vote
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William L. Messenger Vice President and Legal Director (2023-Present) | NRTWLD&EF, Inc

Coty Hally, an employee at Wayne Sanderson Farms' poultry facility in Hammond, Louisiana, is challenging a decision by the National Labor Relations Board (NLRB) that prevents him and his coworkers from voting out the United Food and Commercial Workers (UFCW) Local 455 union. Hally's challenge is against the "contract bar," a policy that protects union officials from decertification efforts for three years after a union contract is signed.

Hally argues that this policy limits employees' rights to choose their representatives. "The contract-bar is a Board created limitation on employee statutory rights to seek an election and determine their own representative," states Hally’s Request for Review. He believes it conflicts with the National Labor Relations Act's core purpose.

Hally claims UFCW officials have not been negotiating effectively for workers like him. "This union doesn’t represent us, and it’s ridiculous that the UFCW is manipulating this one dated NLRB policy to keep us trapped in the union," he commented.

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Earlier this month, Hally submitted a petition showing over 50% of his unit supported voting out the UFCW. Despite exceeding the usual 30% requirement needed to trigger a decertification vote, Region 15 dismissed his petition based on the contract-bar doctrine.

The Request for Review also highlights how informal agreements between management and unions can activate the contract bar without workers’ knowledge, further restricting employees' rights.

Hally's case follows previous challenges assisted by Foundation attorneys, such as Oscar Cruz Sosa's successful effort to remove UFCW officials at Mountaire Farms in Delaware once their contract expired.

Mark Mix, President of National Right to Work Foundation, stated: “If union bosses are truly doing right by the workers they claim to ‘represent,’ they should have no problem letting workers exercise their right to vote on the union’s control.” He urged incoming NLRB members under new administration leadership to address these issues and restore worker freedom.

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