Mountaire employee files new charge of illegal retaliation

BALTIMORE, Md. – Selbyville-based Mountaire Farms employee Oscar Cruz Sosa has reportedly filed a second round of federal charges with the United Food and Commercial Workers Local 27 union at his workplace.

We’re told this charge was filed at the National Labor Relations Board in Baltimore and claims the union violated his rights by illegally retaliating against him and attempted illegal surveillance of his activities because he spearheaded his coworkers’ exercising their right to vote UFCW bosses out of the workplace.

Cruz Sosa’s charged comes as his election case, defending his and his coworkers’ right to oust UFCW officials, is pending before the full NLRB in Washington. Officials say Cruz Sosa submitted a petition in February 2020 signed by enough of his fellow employees to prompt a vote to decertify the union, but officials sought to block the vote, claiming that a “contract bar” exists that prevents any election. This “contract bar” is a non-statutory NLRB rule that forbids workers from voting out unpopular union bosses for up to three years after management and union officials broker a monopoly bargaining contract.

Over the union’s objections, the NLRB Regional Director in Baltimore allowed the vote Cruz Sosa and his coworkers requested to proceed because he found that the union contract contains an illegal forced dues clause, thus making it so the “contract bar” cannot apply. However, UFCW lawyers petitioned the full NLRB to reimpose the “contract bar”.

The election took place in June and July 2020, however, we’re told the ballots have been impounded until the NLRB issues its ruling. UFCW bosses are allegedly seeking to have the NLRB destroy all of the ballots that Cruz Sosa and his coworkers have already cast in the election.

Previously, Foundation staff attorneys filed a charge for Cruz Sosa, challenging the union’s illegal forced dues clause and the requirement that he and others continue to pay dues under that clause. The case is seeking a refund of dues collected from workers under the unlawful mandatory dues clause in a bargaining agreement.

“From the moment Oscar Cruz Sosa filed his election petition, UFCW bosses have been attempting to disenfranchise workers. They even engaged in a campaign of surveillance against this employee, all to maintain their power. UFCW Local 27 bosses are happy to trample the rights of the very rank-and-file workers they claim to represent,” commented National Right to Work Foundation President Mark Mix. “No workers should be subjected to surveillance or retaliation just because they assist their coworkers in exercising their statutory right to remove an unwanted union.”

Categories: Delaware, Local News