To: All Represented BMRF/B&P Employees
The Company was informed by the NLRB that the USW has filed two additional charges against the Company. The purpose of this bulletin is to summarize the charges and explain why they are baseless and nothing more than a blatant attempt to delay or stop the decertification process.
Charge No. 1: ExxonMobil improperly promised employees the lockout would end if they decertified the Union.
If the Union is decertified through the NLRB’s ongoing election or the Company withdraws recognition based on signatures, the Company would end the lockout and return employees to work. This is a fact, and as such, the Company has not violated the law by providing employees with this information. Of course, the Company will also end the lockout if we reach a new agreement with the Union. We have always been clear about this and will enthusiastically welcome employees back either way.
Charge No. 2: ExxonMobil failed to furnish information to the Union.
The Company has always fulfilled its obligation to furnish data in response to information requests from the Union. In fact, over the last year, the Company has responded to nearly one hundred information requests. As it pertains to the information request referenced in the charge, the Company went beyond its legal obligation by providing the USW with information which is irrelevant to their role as the bargaining agent for Beaumont Refinery and Blending & Packaging Plant employees.
What does this mean for the NLRB’s election?
The Company remains confident that it acted lawfully at all times and will prevail against the Union’s baseless allegations. The NLRB has not communicated whether it will count or impound the ballots on December 29. The Union’s original charges increase the likelihood of impoundment, and the latest charges could delay the vote results from being certified. The Union knew this when they filed their charges, but they would rather continue to file baseless charges in an attempt to delay the inevitable for as long as possible even if it means that you stay locked out while the NLRB investigates these allegations.
What else can you do to remove the USW from the Beaumont Refinery & Lubes Plant?
In addition to voting “no” in the NLRB’s election, employees may also consider signing the decertification petition. If the majority of employees sign the decertification petition, the law allows the Company to withdraw recognition from the USW immediately without an election even if ballots are impounded. Following withdrawal of recognition, employees would no longer be represented by the USW, and the Company could return employees to work.