ANNALS OF LABOR Teamsters backed in Port of Providence scrap BY STEVEN STYCOS

A Rhode Island chemical company violated federal law by spying on its employees and failing to seriously negotiate a new union contract, according to a preliminary finding by the National Labor Relations Board (NLRB).

Forty-two members of the Teamsters Union have been on strike against Univar USA since July 16. The company, formerly the George Mann Chemical Company, distributes chemicals from the Port of Providence. Univar USA, a subsidiary of the Dutch corporation Univar NV, purchased the company in January 2001.

Steven Labrie, business agent for the Teamsters, Local 251, says he repeatedly tried to arrange bargaining meetings with the company, but that Univar agreed to only two sessions before the contract expired July 1. In a October 14 finding, the NLRB found that Labrie made written requests in March for bargaining and then asked for meeting dates eight times before sessions took place June 17 and 18. After those sessions, Univar said it could not meet again until July, Labrie says. "They never had any intention of having a contract with us," he adds.

In its charge, which is comparable to an indictment, the NLRB declares Univar "refused to meet and bargain with sufficient frequency with the union." It also states that Univar refused to discuss economic issues until August 21. Michael Newman, Univar’s manager of employee relations, denies the company violated the law. He says he called Labrie May 20 and that the Teamster representative was available only June 17 and 18. Then, he says, Labrie refused to extend the contract and they were mutually unable to schedule another bargaining session until July 8. The case will be heard by an NLRB administrative law judge on December 10.

The NLRB also found that Univar’s security company, Boston-based American International Security Corporation (AISC), violated union members’ federally protected rights by spying on them. Newman acknowledges that AISC filmed Labrie meeting with a steward, but only because the security firm did not recognize Labrie and he failed to sign in before entering Univar’s property.

In the meantime, Univar has hired 40 people to replace the strikers. If the NLRB ultimately determines the strike was triggered by Univar’s illegal bargaining tactics, the Teamsters will be entitled to return to their jobs. If not, they will return only with the agreement of Univar.

The Teamsters have picketed Univar facilities in Pennsylvania, Ohio, and Massachusetts to pressure the company, Labrie says. But Teamster actions on picket lines have violated the law, according to both the NLRB and US District Judge Mary Lisi. Teamsters damaged vehicles entering and leaving Univar plants, the NLRB charges, and striker Ed Boyajian threatened employees.

After hearing testimony that Boyajian threatened to burn down a Univar employee’s home and rape his children, and observing on video tape that the Providence police failed to restrain strikers from blocking vehicles, Lisi took the rare step of issuing a temporary injunction against the union. She ordered picketers to remain at least 20 feet away from vehicles and barred them from threatening people entering Univar’s facilities. Labrie admits some picketers verbally abused replacement workers, but says there has been no violence or damage to property. "Last time I checked, we could say things without getting arrested," he says. An administrative law judge is slated hear that case December 15.

Negotiations were held last week. According to Labrie, the main sticking points are wages and the company’s insistence that union members pay for a large portion of their health insurance. Lawson declined to discuss the negotiations, but said work rules are also an issue.