Court Orders Daycon Products To Give Strikers Their Jobs Back

Filed under: Labor Relations/Unions,Legal,News |

By ROBERT THOMAS- The U.S. Court of Appeals ordered a janitorial supply company in Upper Marlboro, Md., to clean up the mess they created during union negotiations more than two years ago.

Daycon Products Co. must reinstate all striking employees and make them whole for any losses incurred. The court also affirmed that the company illegally subcontracted out work without negotiating with the union, and ordered Daycon to rescind any unilateral changes and resume bargaining.

Daycon workers on strike in 2010

Daycon workers on strike in 2010

“We’re proud of our members, who hung in this fight for the long haul,” Thomas Ratcliff, Teamsters Local 639 president, told the union newsletter. “And we couldn’t have won this battle without the support of the Metro Washington Council, the Community Services Agency, and the entire local labor community, which came together to support this struggle.”

After several months of wage contract negotiations, Daycon declared they had reached an impasse and implemented a new contract that gave hourly raises of 60 cents or less. This decision by the company sent union workers out on strike due to unfair labor practices.

After the strike began, Daycon hired replacement employees, subcontracted out work and refused to reinstate striking workers who had offered to return to work in July 2010.

However, an employer must rehire striking workers when they offer to return to work, even if it means displacing replacement workers.

In September, 2011 the National Labor Relations Board found that Daycon prematurely declared an impasse in negotiations with its employees’ union. The NLRB ordered Daycon to reinstate all striking workers, reimburse them for losses and resume contract negotiations. The company refused to comply and appealed the decision,

“I don’t understand how Daycon can continue to act this way,” Ratcliff said. “It was clear from the proceedings of a previous hearing that the company had no basis for its unlawful actions.”

In its unpublished opinion, the U.S. Court of Appeals summarily enforced the NLRB’s September 2011 order.

Daycon employees have been represented by the Drivers, Chauffeurs and Helpers Local Union 639, affiliated with the International Brotherhood of Teamsters, since 1973.

Daycon, which was founded in 1942, manufactures and distributes janitorial, maintenance and hardware supplies, and repairs floor cleaning and other industrial equipment.

Besides its corporate headquarters in Upper Marlboro, Daycon has offices in Rockville, Lanham, Timonium, Alexandria, Va., and other cities.

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