Point Blank must rehire
strikers
Judge cites unfair labor
practices
BY PATRICK DANNER
pdanner@herald.com
A federal judge in Fort Lauderdale ordered Point Blank Body Armor
on Thursday to reinstate striking workers and three employees who
claimed they were fired for a union-organizing campaign.
U.S. District Judge Kenneth A. Marra found sufficient evidence
that Point Blank committed unfair labor practices at its Oakland
Park plant. The company, which makes bulletproof vests for the
military and law enforcement, has one week to comply with the
ruling. The injunction stands until a final decision on the matter
is issued by the National Labor Relations Board.
A lawyer for Point Blank said it will abide by the decision but
added it was too soon to determine whether it will file an appeal.
''Without having fully analyzed the whole decision, we're not
happy about it,'' said Stuart Newman, an Atlanta lawyer representing
Point Blank. ''We don't think [the judge's] conclusions are right.''
He added that Point Blank was not surprised by the ruling because
Judge Marra was required to show legal deference to the NLRB, which
sought the injunction.
SECOND ORDER
The ruling marks just the second time a South Florida company has
been ordered to reinstate striking workers, according to Jennifer
Burgess-Solomon, a supervisory attorney with the NRLB. A similar
injunction was issued last year against the Hollywood operations of
GFC Crane Consultants, she said.
''This is a major victory,'' said Scott Cooper, an organizing
director for the Union of Needletrades Industrial and Textile
Employees. More than 100 Point Blank workers, many Haitian and Latin
American, have been on strike since August.
Cases with allegations of unfair labor practices typically have
the NLRB acting as both prosecutor and judge. The regional office
brought suit in this case against Point Blank, and the agency in
Washington will make the final decision.
A two-week trial was held last month before an NLRB
administrative law judge to determine whether Point Blank violated
federal labor laws. However, concerned that a ruling might take
several months and cause union support to dissipate, the NLRB sought
to have the U.S. District Court issue an injunction ordering the
company to rehire the workers.
''We're very pleased Judge Marra ordered the immediate
reinstatement of the workers as we requested,'' Burgess-Solomon
said. ``He agreed with all of the requested remedies that we
sought.''
Marra's ruling must be obeyed until a final decision comes from
the NLRB in Washington, which will review the decision made by the
administrative law judge. When those steps will happen is uncertain.
SUFFICIENT EVIDENCE
In the meantime, Point Blank must reinstate terminated workers
Sadius Isma, Carlos Alejandro Briseno and Midho Cadet. In a 29-page
ruling, Marra found sufficient evidence for the NLRB to determine
that their terminations were related to union-organizing efforts.
Marra found other actions taken by Point Blank to be unfair labor
practices. One example was closing the plant July 18 after workers
presented a petition seeking union representation.
''Furthermore, ending overtime and changing break schedules can
be viewed as coercion and interference with the attempt to
unionize,'' Marra wrote. ``The company's assertion that ending
overtime and changing break schedules were the result of security
concerns or lack of work may ultimately prove to be valid. . . .
However, this court's duty is limited to viewing this evidence in
the light most favorable to the [NLRB].''
Before the release of the judge's decision Thursday evening,
Newman said Point Blank notified striking workers that positions
were available in the plant because a number of employees would be
relocating to a second facility that Point Blank is opening. Newman
could offer no information on where that plant is located.
Cooper, the union organizer, viewed the notice as an attempt to
sway striking workers to break with the union. Under Marra's order,
newly hired or transferred workers can be displaced by striking or
terminated workers.
The union plans to meet with striking workers today to determine
if they will return to work, Cooper said.