To: All Represented BMRF/B&P Employees
The USW has, once again, silenced your voice and stopped your vote. Through their baseless legal charges, the Union has prevented your vote from being counted in the election. This morning, the Company was informed by the NLRB that effective today, December 29, 2021, the mail-in votes will be impounded – and won’t be counted – until further notice.
While the USW’s actions may have resulted in your votes being impounded, the Company remains confident that it has acted in accordance with the law at all times, and the NLRB will dismiss these charges once they have completed their investigation.
As we have said numerous times, the Company will end the lockout when the Company and the Union reach a signed, ratified agreement or employees have removed the Union through decertification or withdrawal of recognition. Today, the USW’s action not only prevented your voice from being heard but also denied you an opportunity to end the lockout.
Does this mean the NLRB has found fault or that the decertification has failed? Why haven’t they decided?
No. The NLRB has impounded the votes while they continue to assess the merits of the charges and determine whether any unfair labor practice has occurred. The NLRB is reviewing an increased number of cases, causing a backlog in their reviews. As such, we have no way of knowing how long it will take for the NLRB to complete its investigation.
The NLRB has not found that the Company violated the law in any capacity; however, the Union continues to suggest that the charges being referred to the NLRB’s Division of Advice is somehow a “win” for the Union. To be clear, a referral is not indicative of a ruling against the Company. We are confident that the Company acted lawfully at all times and that these charges will eventually be dismissed.
What else can you do to remove the USW from the Beaumont Refinery and Lubes Plant?
In addition to voting “no” in the NLRB’s election, you 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. This means that the withdrawal of recognition is still a viable option provided the majority of employees signed the decertification petition.
Please note, signing the decertification petition is separate from voting “no” in the NLRB’s election. If you have already voted “no” in the election and still want to decertify the USW, you should sign the employee decertification petition.