The Carpenters union has filed an unfair labor practices
charge with the Pennsylvania Labor Relations Board after the National Labor
Relations Board dismissed the charge, citing a lack of jurisdiction over the
case.
The NLRB’s decision on Monday said the unions “presented
evidence of extensive conduct supporting findings that the [Convention Center]
Authority acted in derogation of bargaining obligations.” However, because the authority
is a state agency, it could not proceed with the case.
"It says the unions provided evidence, but makes no
judgement on the validity of the evidence or whether it agreed with it,"
said Pete Peterson, spokesperson for the Pennsylvania Convention Center
Authority.
However, the Carpenters' unions interpret the ruling's
language differently. So in response to the dismissal, the unions have taken
the original complaint and filed it with the Pennsylvania Labor Relations Board
on Tuesday.
“We’re optimistic because of what the NLRB said in its
decision,” said Martin O’Rourke, spokesman for the Metropolitan Regional
Council of Carpenters. “There is clear language in that decision, in spite of
the fact that the NLRB said it had no jurisdiction.”
And, although it did not specifically make the final
decision on whether the Convention Center Authority acted in bad faith (since
it's not under its jurisdiction), O’Rourke said "the NLRB has sent a
message as to what its opinion may have been based on that language.”
The Carpenters Local 8 and the Teamsters Local 107 have been
barred from working at the Convention Center since May, after being shut out
for failing to sign a new customer satisfaction agreement by the 11:59 p.m.,
May 5 deadline. The unions, however, argued that they had until May 10, due to
a contract extension they signed.
Work done by the unions has been divided among the remaining
four unions who signed by the May 5 deadline.
"The goal was to have all six unions sign the customer
satisfaction agreement, and the Carpenters signed it before the May 10 deadline,"
O'Rourke said. "This is not good for Philadelphia businesses and it's not
good for the Convention Center, but the convention board still continues with
the lockout. It's counterproductive."
The Convention Center, however, sees it differently.
"A lockout is involuntary on the part of a union,"
Peterson said earlier. "They voluntarily chose not to become part of the
customer satisfaction agreement and in doing so removed themselves from
performing work at the center."
Furthermore, Peterson said the deadline was clearly stated
via a transmittal letter (sent on May 4) and subsequent communication with all
of the unions.
The customer satisfaction agreement was an answer to the
antiquated work rules at the Convention Center that placed the city at a
competitive disadvantage due to the restraints it placed on its exhibitors.
Experts said the restraints gave exhibitors a negative perception of
Philadelphia.
Since the new work rules were put in place, two major
conventions — The American Industrial Hygiene Association and the National
Black MBA Association— have decided to bring their conventions back into the
city.
O'Rourke, however, says that some conventions are not
convinced.
The Carpenters are hearing from other unions that have
either booked, or are planning to book their conventions in the Convention
Center, are now contemplating on backing out, O'Rourke said. "Some who are
locked in are worried about it."
Furthermore, O'Rourke said those conventions said that if
they had the option of backing out of booking at the Convention Center, they
would have. But, financially (because of hotel bookings), they couldn't.
The Carpenters unions will hold a protest at 10 a.m. on
Friday, July 18 at the Convention Center (12th and Arch streets) to protest
their "unfair and unjust lockout."
Source: Philadelphia
Business Journal
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