Labor Board Judge Overturns MeadWestvaco Covington Election

National Labor Relations Board (NLRB) Administrative Law Judge Eric M. Fine overturned a March 2008 union representation election that the Covington Paperworkers Union (CPU)
won by 14 votes over the USW, and ordered a new election to be held for nearly 1,000 workers at MeadWestvaco’s paper mill in Covington, Va.
Judge Fine issued his decision Jan. 30, 2009. He determined that the CPU and its officers engaged in three types of conduct that were in violation of Federal law and created a coercive atmosphere that interfered with the holding of a free and fair election.
At a meeting with International President Leo Gerard held before the election, the CPU had one of its representatives videotape and photograph workers entering and exiting the meeting despite numerous requests by USW officials to turn off the camera. The CPU’s action was ruled to be intimidation.
By covertly sidestepping the international union while they were still officials of USW Local 8-675, negotiating with MeadWestvaco management, and relaying assurances from the company concerning its last contract offer at a disaffiliation meeting, CPU leaders further interfered with the NLRB election, said the judge. They had decided to launch a disaffiliation campaign as a result of their negotiations with the company.
By publicizing its solicitation of contributions from businesses that had contractual relations with MeadWestvaco, CPU interfered with the election, according to the judge. The group’s actions implied that it was not acting as an independent labor organization because area employers that dealt with MeadWestvaco favored the CPU, he said.
“We’ve been saying all along that the election was flawed,” said USW Local 8-675 President Bobby Harrison. “The election process was tainted. People did not have a fair opportunity,
free from intimidation, to determine who their bargaining representative would be.”
The USW is still the certified representative of the 950 production and maintenance workers and had filed objections to the election.