The National Labor Relations Board has ordered a second union vote for workers at a Valley Stream Target store, affirming most of a regional judge's conclusion that Target Corp. violated several labor laws in the run-up to a union election two years ago. The situation, however, is far from resolved.

The NLRB agreed with Administrative Law Judge Steven Davis, saying the results of the June 17, 2011, election must be set aside. Of about 268 eligible voters, 85 cast their ballots for the union, and 137 voted against joining.

Both the NLRB and Davis said Target had acted unlawfully, pointing to "a coercive interrogation, a threat of unspecified reprisals and the distribution to employees of a leaflet that unlawfully implied a threat to close the store if employees selected the union."

Minneapolis-based Target says the national board doesn't have the authority to make such a ruling. The company cites a federal appeals court decision invalidating President Barack Obama's "recess" appointments to the NLRB and therefore the board's ruling in another company's case.

"We respectfully disagree with the NLRB's ruling and, in light of the U.S. Court of Appeals, District of Columbia Circuit ruling that the NLRB has no authority to act since its members have not been selected in accordance with the law, we are evaluating our next steps," Target spokeswoman Amy Reilly said Thursday.

The union involved, United Food and Commercial Workers Union Local 1500, still views the NLRB ruling as a victory, although officials acknowledge they are bracing for more legal appeals from Target.

"I think what Target needs to do, what we are encouraging shareholders to tell Target to do, is respect the decisions made by the regional National Labor Relations Board, an administrative law judge and the National Labor Relations Board in Washington," said Patrick Purcell, a spokesman for UFCW Local 1500. "All three said [Target] was guilty."

In the meantime, the Justice Department has asked the Supreme Court to weigh in on the federal appeals court decision, known as the Noel Canning ruling. Of the three NLRB members who ruled in the Target case, two were Obama's recess appointments.

Earlier this year, Obama renominated all three current board members and nominated two more candidates to fill the five-member board.

Target can contest the NLRB decision in a federal appeals court. The regional Brooklyn office of the NLRB said it will ask Target in writing to comply with the decision.

If Target refuses, the regional office can ask a federal appeals court to enforce the decision, which also requires the company to revamp its employee handbook and post information about labor law for its employees.

 

Media Links

NLRB orders union revote at Valley Stream Target
Newsday - May 2, 2013

Protest targets Target for unfair treatment of Canadians
Toronto Star - August 22,  2012

Target Canada Protest: Zellers Workers, Unions Demonstrate Against Mass Layoffs By Canada-Bound Retail Giant
Huffington Post - August 22, 2012

Protestors target Target
Mississauga.com - August 22, 2012

Unions: Target not respecting seniority
Hamilton Spectator - August 22, 2012

Protestors target Target
MSN News Caanada

Target effectively calls Zellers customers old and cheap
Toronto Life - August 12, 2012

Unions take on Target in Mississauga
The Record - August 22, 2012

Target Fairness campaign hits Winnipeg

National union campaign targets Target

VIDEO : CTV Halifax

Expansion: Walmart compte investir 750 millions $ dans 73 projets au Canada

Des travailleurs de Zellers en Ontario ratifient leur convention collective

Argent Vidéos » Choix de l'éditeur » Offensive des employés de Zellers contre Target

Union campaigns to help Zellers workers

Campaign fights for Zellers workers' rights

Target takeover kills thousands of jobs

Ontario Zellers employees ratify new contract even as stores close

Ontario Zellers workers ratify new agreement

Union says Zellers' locals should remain after Target take-over

Zellers workers ask Target for fairness

Canadian Union Launches Target Effort

West Windsor Zellers to close June 2

Ontario Zellers workers ratify collective agreement

Zellers workers ask Target for fairness

Ontario Zellers employees ratify collective agreement

Zellers employees don't know what future will bring

Zellers employees in limbo

 
 

Target is one of the world’s most successful retailers and many Canadians are excited about shopping in new store locations that offer a weekly ad, coupons, regular store hours and the company’s popular redcard.

Target will soon be hiring in Canada and that is a good thing. But Target can be an even stronger force in our community by giving Zellers workers the respect they deserve. With your help, Target can be a leader in creating better, fairer jobs that benefit our communities today and well into the future.

This website is operated and maintained by UFCW Canada. This is not a Zellers or Target website, but features current Zellers workers who have all volunteered to tell their stories and share their opinions. UFCW Canada is a not-for-profit worker organization dedicated to social justice and creating better living standards for its membership and all working families.