An employee at Rowell Chemical Corporation in Willow Springs, Illinois, is seeking to challenge a decision by the National Labor Relations Board (NLRB) that blocked a vote to remove the Teamsters Local 710 union. Jeffrey Johnston, the worker in question, is receiving legal support from the National Right to Work Legal Defense Foundation.
The NLRB, located in Washington D.C., oversees union certification and decertification elections and resolves disputes involving employers, unions, and employees. Johnston’s Request for Review claims that regional NLRB officials halted his coworkers’ union removal vote due to “blocking charges” filed by Teamsters union representatives against Rowell management.
Union officials frequently use blocking charges to delay or prevent decertification votes. Despite these charges often being unproven or unrelated to workers’ reasons for wanting to remove a union, they can still impede voting processes. In 2020, the NLRB introduced reforms allowing workers to vote before related litigation was resolved. However, a rule adopted in 2024 under President Biden permits blocking charges to halt election proceedings entirely.
Johnston argues that this Biden-era rule should be revoked and requests an immediate decertification election for himself and his coworkers. He contends that delaying an election due to blocking charges contradicts the National Labor Relations Act (NLRA), which mandates an election if there is any question of representation. Additionally, Johnston believes the rule breaches multiple aspects of the Administrative Procedure Act (APA).
Johnston’s Request for Review also suggests that at minimum, the NLRB should investigate whether alleged employer misconduct has any connection with his and his coworkers’ desire to remove the union. The regional board had not conducted such an investigation when it blocked their vote.
Commenting on the situation, Johnston stated: “My coworkers and I requested a vote to remove this union almost two months ago and somehow the NLRB is letting Teamsters bosses throw around specious charges to stop us from doing so.” He further added: “My coworkers and I have spent two years under Teamsters control, and I believe that the vast majority of us agree that the Teamsters don’t represent our interests.”
Mark Mix, President of the National Right to Work Foundation commented: “The NLRB, through its ‘blocking charge’ rule has let union officials stifle the rights of the very workers they claim to ‘represent’ in violation of the statute the NLRB is supposed to enforce.” He emphasized that Johnston represents workers nationwide challenging this policy as it opposes federal labor law principles where employees should choose their unions.
