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Virginia driver seeks expanded relief after favorable labor board ruling on Teamsters hiring

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Virginia driver seeks expanded relief after favorable labor board ruling on Teamsters hiring
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William L. Messenger Vice President and Legal Director (2023-Present) | NRTWLD&EF, Inc

Terringus Walker, a transportation worker involved in Virginia-based film and television productions such as "Walking Dead," is seeking to have the National Labor Relations Board (NLRB) uphold an administrative law judge’s (ALJ) ruling in his favor against Teamsters Local 592. Walker, represented by attorneys from the National Right to Work Legal Defense Foundation, alleges that union officials retaliated against employees who previously filed Unfair Labor Charges and operated a discriminatory hiring hall.

The ALJ determined that Teamsters Local 592 ran a hiring system that did not use objective criteria for referring production drivers. According to the ruling, senior union members were given preference over junior members and nonmembers, which was found to violate the National Labor Relations Act (NLRA). The judge agreed with Walker's claim that this practice constituted illegal discrimination and failed to meet the union’s duty of fair representation.

Since 2020, Walker has reportedly been denied work due to these practices. While the ALJ acknowledged that hundreds of workers were affected by separate and discriminatory lists maintained under the arrangement, compensation was ordered only for Walker. In response, Walker has asked the NLRB to expand any remedy so all impacted workers are notified and compensated accordingly.

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Teamsters Local 592 has appealed for the NLRB to overturn the decision, arguing they were not responsible for any alleged discrimination or retaliation within their exclusive hiring hall. However, evidence presented at trial indicated that union officials and hiring managers used various reasons to avoid rehiring Walker while other employees returned quickly.

Union representatives also claimed production companies bore responsibility for employment decisions. Nonetheless, it was established during proceedings that union officials constructed and managed the referral process without including objective standards.

The National Right to Work Legal Defense Foundation has recently supported multiple groups of workers in similar disputes with Teamsters unions across several states. There is a growing trend among workers nationwide filing petitions for decertification votes against unions; such filings have increased by more than 50% since 2020 according to NLRB data.

“Teamsters officials have demonstrated time and again that they are willing to discriminate against workers who don’t subject themselves to union officials’ rules, as well as those who expose their unfair practices,” said Mark Mix, President of the National Right to Work Foundation. “Production drivers like Mr. Walker who are ready, willing, and able to help bring stories to the silver screen shouldn’t be ignored for exercising their right to free association, or for holding unions accountable to their duty of fair representation.”

“We’re humbled by Mr. Walker’s courage to stand up for his rights and encouraged by his victory before the administrative law judge. Further, we are eager to defend that victory and fight for his fellow workers who don’t play by the Teamsters’ illegal and unfair rules,” Mix added.

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