Coty Hally, an employee at Wayne Sanderson Farms’ poultry facility in Hammond, Louisiana, is petitioning the National Labor Relations Board (NLRB) in Washington, D.C., to allow him and his coworkers to vote out the United Food and Commercial Workers (UFCW) Local 455 union officials from their workplace.
Hally is contesting a decision by an NLRB Regional Director that blocked the workers from voting due to the “contract bar,” a policy that prevents union decertification efforts for three years after a union contract is signed. Hally’s legal case is supported by attorneys from the National Right to Work Foundation.
In his Request for Review, Hally argues that the NLRB should abolish the “contract bar” as it limits employees’ rights to choose their representation. “The contract-bar is a Board created limitation on employee statutory rights to seek an election and determine their own representative,” states Hally’s Request for Review. “It is not found in the text of the National Labor Relations Act [NLRA]…and it conflicts with the Act’s core purpose.”
Hally expressed dissatisfaction with UFCW’s negotiation performance, stating, “UFCW union officials have been dragging their feet and have not been negotiating good contracts for me and my coworkers.” He emphasized that he and his colleagues should decide on retaining or removing the union.
Despite submitting a petition showing over 50% support among his 550-person unit for ousting UFCW, Region 15 dismissed Hally’s petition based on the contract-bar doctrine. Normally, only a 30% interest is required to trigger such a vote.
Hally’s request highlights that this policy does not appear in labor statutes but results from NLRB decisions. It contends that this rule restricts worker freedom: “This bar contradicts the Act’s well-established ‘bedrock principles of employee free choice and majority rule’…because it grants monopoly bargaining status…even in face of objective evidence proving the union has lost majority support.”
The request also criticizes how informal agreements between management and unions can enforce this “contract bar” without workers’ knowledge.
Hally’s challenge follows similar cases assisted by Foundation attorneys, including one involving Oscar Cruz Sosa at Mountaire Farms who faced similar issues with UFCW officials.
Mark Mix, President of National Right to Work Foundation commented: “If union bosses are truly doing right by the workers they claim to ‘represent,’ they should have no problem letting workers exercise their right to vote on the union’s control.” He added criticism towards existing policies favoring unions over worker rights.
“If Trump Administration’s incoming NLRB members are serious about reversing dysfunctional policies…they will see injustice in cases like Mr. Hally’s…and move to eliminate ‘contract bar’ right away,” Mix concluded.
