CBC Workers Lead Fight for Employee Free Choice Act

Imagine being fired for standing up for what you believe in. Imagine working for a company that prides itself on fear, intimidation and keeping a promise to fire any worker who fights to form a union.

This is the life of current and former workers at Consolidated Biscuit Company (CBC) in McComb, Ohio. CBC workers, who primarily produce products for Kraft/Nabisco, have been struggling for nearly five years to join the ranks of the unionized--like the thousands of Nabisco workers across the country that are members of the BCTGM.

In March 2002, workers decided that they wanted to join the BCTGM so that CBC management would treat them with dignity and respect. They wanted a better life and knew that they could get it by joining together to form a union. The workers hoped that by joining the BCTGM, CBC might offer a good retirement plan, improve health and safety, and offer affordable health care coverage. Out of 875 workers at the plant, 650 signed cards that said they wanted a union. That was five years ago.

CBC responded to the workers' campaign with threats, intimidation, and harassment. The company threatened workers with loss of benefits, plant closure and stricter discipline if they voted for the union. Fear spread like wild fire throughout the plant as one by one, workers became afraid to speak up. In 2002, CBC promised that any worker who supported the BCTGM in the National Labor Relations Board Election-ordered election would be fired. On August 15, the election was lost and the company held true to their promise and fired key union supporters.

CBC workers Russ Teegardin, Patti Wickman, John Green, Thomas Thompson, Tyrone Holly, Gary Hill, and Bill Lawhorn were fired. Since then, the NLRB has ruled that the company illegally fired the workers because of their union activity. However, the workers have not been reinstated, and the case remains stalled in the 6th Circuit Court of Appeals.

To date, the BCTGM has not been recognized by CBC. The NLRB ordered a second election, but that has not occurred yet. In fact, very little of what the Board has ordered since 2002 has happened at all.

Meanwhile, the treatment and conditions for workers within the plant continue to get worse. In an article published in The Toledo Blade on October 24, 2004, CBC is cited as being "on the nation's list of the most hazardous workplaces."

Struggle Continues

Instead of intimidating the workers, the firings infuriated them. Russ Teegardin and Bill Lawhorn continue to fight for justice on behalf of all CBC workers. From media interviews and town hall meetings with law makers, to the halls of Congress, the fired workers continue to speak out about the injustice.

In February, Teegardin and Lawhorn joined BCTGM International Representative John Price at a special meeting with U.S. Senator Sherrod Brown (D-Ohio) to discuss the plight of the CBC workers and the importance of the Employee Free Choice Act (EFCA). According to Price, Senator Brown spent nearly an hour talking with the group, learning about the anti-union tactics of the Ohio-based company and made a commitment to help them in their fight for justice.

Meanwhile, in full-page ads, millions of readers of The New York Times, The Washington Post and a trio of influential Capitol Hill publications learned what happened to Lawhorn and CBC workers when they tried to form a union.

Also in February, Lawhorn joined law makers on Capitol Hill in a special press conference announcing the Employee Free Choice Act. He detailed the workers fight to join the union, as well as his personal experience following his firing.

If the Employee Free Choice Act had been in effect, it would have allowed Teegardin, Lawhorn and the many other CBC workers to freely choose whether they wanted to join the union. But under current law, CBC had the opportunity to pressure and harass workers about their decision to form a union and fire those who supported the BCTGM following election--without fear of being punished.

"The Employee Free Choice Act would level the playing field and give workers a strong voice," says Price, who has been involved in the CBC fight since workers reached out to him in 2002. "It's about making the workplace a better place for everyone,” Price adds.

Inside Fight

Inside the plant in McComb, the fight to join a union is far from over. Support for the union remains high and workers like Cathy Hill, the wife of fired worker Gary Hill, continues to be a driving force for the BCTGM. Cathy, who has been unlawfully disciplined numerous times for her union activities, is a tireless supporter of the BCTGM. Like the head of a family, Cathy often rallies co-workers to come to the aid of a sick or injured worker. But she isn't alone in her support for the union--there are many others like Karen Smith and Keith Schetzer who volunteer endless hours of their time to work with the union.

Despite the current level of union support, things inside the plant continue to deteriorate according to Gracie Heldman and her husband Terry Heldman, who have both worked for CBC for 20 years.

Gracie is bilingual and has been a vital force in the CBC campaign. She communicates with the more than 200 Spanish speaking workers and has been crucial in testimony before the NLRB on the company's illegal tactics.

"We have no rights--and this hasn't changed," says Gracie. "When we started to organize--signing cards and holding union meetings--we were blatantly threatened, pulled into one-on-one anti-union meetings. They'd tell us they had a 'hit list' and would increase our workloads to make it harder. They brought in Spanish speaking union busters to strike fear into the immigrant workers. There was no end to what they'd do to keep the union out," she recalls.

"But it is much worse now than before the union election," Gracie adds. When asked how she and the other union supporters persevere she says, "You must stand up and fight to the end. You hold your head high and walk proudly through that plant. Because if they know you are afraid, they will eat you alive. They target the weak," she notes.

"Union support is still very strong. For a while, after the firings, the workers were disappointed and afraid. But I’ve helped explain the legal battles and encourage everyone to keep hanging in there," Gracie says.

Gracie notes that both she and her husband Terry have been outspoken supporters of the union but remain cautious and "smart". They know when to do what and "are not being stupid about how to handle situations with management." Both Terry and Gracie are liked and respected by their co-workers because they treat everyone with respect.

"I would like to tell everyone--without a union we are never going to get dignity, respect or any rights. We could lose everything we have, which isn't a lot. This isn't about money. This is about respect. We deserve to be treated with respect and have our own voice and representation," Gracie notes.

Terry adds, "We're tired of being bullied. This company thinks it is above the law. We make Nabisco/Kraft products which are loved throughout America. You'd think the workers who make the products behind the name would be treated fairly. It is frustrating. But our day is coming. We'll get what we deserve. We just have to keep persevering," he concludes.

January 2004

Court Sides with Consolidated Biscuit Co. Workers:
Judge Orders a New Union Election; Fired Workers to be Reinstated with Full Back Pay and Interest

McComb, Ohio--In a scathing January 16, 2004 ruling in favor of workers at Consolidated Biscuit Company (CBC), an Administrative Law Judge confirmed what workers had known for years: the company had broken the law dozens of times in an attempt to keep them from joining the BCTGM.

Administrative Law Judge Arthur Amchan ruled on the case, which stems from more than 40 Unfair Labor Practice charges that were filed against CBC by the National Labor Relations Board (NLRB) Region 8 of Cleveland, Ohio. Objections to the August 15, 2002 union representation election-where the company committed additional flagrant violations of the National Labor Relations Act-were also filed.

In issuing his decision, Amchan found that CBC management had engaged in "egregious and widespread misconduct, demonstrating a general disregard for the employees' fundamental rights." Judge Amchan found the company guilty of disciplining and discharging employees for engaging in protected union activity; of threatening employees with adverse consequences if they chose union representation; and prohibiting discussion of union activity on company property. The company was forced to "cease and desist" in any actions that interfered with, restrained, or coerced the employees exercise of rights guaranteed under the National Labor Relations Act. Furthermore, the company was ordered to reinstate with full back pay and interest all seven wrongly fired workers.

The illegal behavior by the company began in 2002 when a majority of the CBC workers sought representation by the BCTGM. Several of the issues affecting the CBC worker's decision to seek union representation included disparate treatment, discrimination, favoritism, low wages, arbitrary discipline, and lack of seniority. After a successful organizing campaign in which a clear majority of workers signed union authorization cards, an election was held in August 2002. However, during the course of the campaign and the lead-up to the election, the company threatened, intimidated, harassed and spied-on union supporters. The company also illegally terminated seven workers, all of whom were staunch union supporters and organizers. Due to the illegal actions of the company, the BCTGM narrowly lost the election.

Immediately following the election, the union filed charges with the NLRB claiming the company had illegally influenced the election. After months of investigations, the NLRB filed more than 40 complaints against the company and ordered a two-week trial that took place in September and October 2003. After presenting 30 witnesses and more than 100 exhibits, the union and the 840 workers at CBC, prevailed.

BCTGM International Representative John Price, along with Council for General Council and attorney William Fadel, successfully argued the case before the Administrative Law Judge and never wavered in their belief that the workers at CBC would be vindicated.

"The workers are patient and remain vigilant and dedicated to completing their mission to win representation with the BCTGM for dignity, justice and respect," noted Price. "Apparently CBC and its owner Jim Appold still believe they are above the law since we continue to be forced into filing unfair labor practice charges against the company. As recently as Friday, January 23, 2004 we filed additional Unfair Labor Practice charges for firing yet another strong union supporter and their continued interference in the workers' right to choose Union representation," said Price.

Consolidated Biscuit, with more than 3,000 workers, is a national manufacturer of cookies and crackers and primarily produces for Kraft/Nabisco Company. In addition to McComb, CBC has manufacturing facilities in Michigan City, Ind. and London, Ky. The company also has plants in Toledo and Sandusky, Ohio where low paid temporary workers co-pack already manufactured products, as well as two candy manufacturing plants in Wilmar, Minn.

The BCTGM represents more than 120,000 working men and women in the U.S. and Canada. The BCTGM represents workers at such companies as General Mills, Pillsbury, Kellogg, Keebler, Sunshine, Mother's Cake and Cookies, Richmond Cookies, Sara Lee, Tootsie Roll, Hershey and many more.