Region 9 Successfully Obtains Order against Smyrna Ready Mix Concrete LLC Allowing Reinstated Workers a Union Election

Cincinnati, OH—On May 4, 2021, the Region 9 Cincinnati, Ohio office of the National Labor Relations Board counted ballots in a mail ballot election for a unit of drivers working at a Winchester, Kentucky Smyrna Ready Mix Concrete LLC facility. The election was conducted after all the drivers were ordered reinstated pursuant to a Section 10(j) injunction. Four of the seven drivers accepted interim reinstatement and returned to work. The election was the culmination of unfair labor practice charges filed by Teamsters Local 89 involving the same group of employees.  

The Region’s investigation of these charges disclosed that, upon learning that some of its drivers were interested in being represented by Teamsters Local 89, Smyrna fired the lead employee organizer and, shortly thereafter, fired the drivers’ supervisor for refusing to learn and report back to Smyrna the names of the drivers who were involved in the organizing. Smyrna subsequently fired all six of the remaining drivers under the auspices of closing regular operations at the Winchester facility. The Regional Director for Region 9 issued complaint and, on September 1, 2020, an Administrative Law Judge issued a decision finding that the terminations and subsequent closure of regular operations at the facility were motivated by the employees’ union organizing and violated the Act. That decision is pending before the Board on exceptions filed by Smyrna. 

On January 28, 2021, the U.S. District Court for the Eastern District of Kentucky granted the Board’s petition for injunctive relief ordering Smyrna to reopen the Winchester facility and reinstate the seven drivers and their supervisor pending issuance of a Board order on the complaint.  

 “These temporary injunctions are vital to protect the process of collective bargaining and employee rights under the Act, and to ensure that Board decisions will be meaningful,” said Acting General Counsel Peter Sung Ohr. “I commend the staff in Region 9 and the Injunction Litigation Branch for their outstanding work.” 

Upon their interim reinstatement, enough drivers expressed interest in representation for Teamsters Local 89 to file a petition for an election to be held, leading to an election conducted by mail ballot and the count held on May 4, 2021. A majority of the voters in the election voted in favor of representation by the Union. The results of the election have not yet been certified. The Employer has until May 11 to file objections to the election.