NEW ALBANY —
While details haven’t been released, a settlement is being negotiated between MAC Construction & Excavating and the National Labor Relations Board regarding a union complaint filed against the New Albany-based contractor.
A hearing slated for Tuesday before a regional NLRB panel in Indianapolis was postponed, as the sides attempt to agree on a compromise.
The Laborers’ International Union of North America filed a complaint Aug. 18 with the NLRB, claiming a MAC supervisor interfered with employees that were meeting at the West Baden Springs Hotel to discuss forming a union.
The complaint alleged a MAC supervisor showed up at the meeting and told the workers to leave the hotel. According to the complaint, the MAC supervisor “has been interfering with, restraining and coercing employees” in their attempts to form a union, which is a violation of federal law.
The complaint involves multiple union bodies including the Indiana Construction Network, whose head official said Tuesday he’s still not seen a copy of the proposed settlement.
“Certainly we want the rights of the employees first and foremost to be protected,” Indiana Construction Network Director David Williams said. “If the settlement accomplishes that, then we’re” inclined to accept it.
MAC — which has been awarded numerous public infrastructure contracts in Clark and Floyd counties — was mum on the details of the potential agreement.
Bryan Wickens, administrative vice president and general counsel for MAC, said in a press release, “we have been advised by our outside labor counsel that the tentative settlement is currently pending before the regional director of the [NLRB] and it would be inappropriate to comment at this time.”
NLRB Director of Public Affairs Nancy Cleeland said the board doesn’t have the authority to assess fines or penalties.
Instead, the NLRB seeks remedies that will “return the situation where it would have been if not for the unfair labor practice,” she said.
“In a case like this, the employer might have to post a notice saying that it’s your right to speak with union representatives and we will not interfere with that,” she said.
The NLRB reaching a settlement is common, Cleeland continued.
“More of our charges end in settlements [rather] than in” complaints and subsequent hearings, she said.
The union parties represented in the complaint against MAC will receive a copy of the settlement and then have seven days to reply, Cleeland said.
“They can propose changes and there could be some back-and-forth there,” she said.
Williams said to his knowledge, no union has been formed at MAC. He said the Indiana Construction Network likely will have a statement either in support of or in opposition to the proposed settlement as soon as the organization receives the document.
“We stand behind the employees and their rights under the federal law to join a union,” he said.
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MAC Construction & Excavating may settle union complaint
Organizers allege company supervisor interfered with union formation efforts
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