Del. Mountaire Farms worker objects proposed settlement in illegal retaliation lawsuit
WASHINGTON, D.C. – Mountaire Farms employee Oscar Cruz Sosa has objected to a settlement proposed by National Labor Relations Board Region 5 officials in his case charging United Food and Commercial Workers Local 27 union bosses with imposing an illegal dues provision on him and his coworkers.
We’re told Cruz Sosa’s objections argue that the settlement proffered by NLRB Region 5 “provides inadequate remedies to the unit employees,” on all of whom UFCW officials enforced a contract clause that unlawfully requires all workers to pay dues immediately upon hiring or be fired.
Federal law stipulates that new hires be given 30 days before any mandatory dues requirements are imposed on them. Because Delaware is lacking Right to Work protections for its private sector employees, Cruz Sosa and his colleagues reportedly can be required to pay some reduced union fees as a condition of keeping their jobs after the 30-day period.
Cruz Sosa’s current filing contends that NLRB Region 5’s proposed settlement on the issue of the illegal dues clause “seeks to ferret out for relief of what is likely to be a minuscule handgun of employees”, rather than giving all employees under UFCW Local 27’s control at Mountaire” the right to claim their dues money back to the start of” the contract and ensuring the clause is never enforced again. We’re told this is requested because the forced dues clause is “facially invalid” and “all employees have been adversely impacted” by it.
Cruz Sosa’s attorneys are also arguing that the settlement forecloses the possibility of the relief requested for all employees, evening if the Board affirms the Region’s ruling that the clause is invalid.