The National Labor Relations Board on Wednesday filed an unfair labor relations complaint against Volkswagen after the United Auto Workers charged that the automaker refused to bargain with it at VW's Chattanooga plant.
Typically, employers such as Volkswagen will answer the complaint and then the NLRB's regional director will seek summary judgment by the board, according to the federal agency.
Refusal to bargain is the mechanism parties use to move such cases into federal appeals court, which Volkswagen said Monday it planned to do.
The UAW won an election last December at the Chattanooga factory by a 108-44 vote from its skilled trades workforce. VW had wanted both skilled trades, who maintain and fix the robots at the plant, and production employees to vote in the election. Two years ago, the UAW lost an election of the entire unit by 712 to 626.
Chattanooga labor law attorney Dan Gilmore said that what's an appropriate voting unit is best addressed in an unfair labor practice proceeding.
If the NLRB regional director and board order VW to bargain with the UAW, then VW can move its case to federal appeals court.
"Their defense will be that 'We don't have an obligation because it's not an appropriate unit,'" Gilmore said.
VW's answer to the NLRB complaint must be received on or before May 10.
VW has said it respects the right of employees to decide the question of union representation, but it will appeal to federal court the NLRB's decision earlier this month upholding the vote.
"We are disappointed that the NLRB declined to fully evaluate this important question. Therefore, Volkswagen will take the necessary steps to have this issue reviewed by a federal court of appeal," said plant spokesman Scott Wilson.
The UAW said that Volkswagen's plan to fight a federal ruling and not recognize the union election at the Chattanooga plant is "a stall tactic that won't work."
"By choosing to fight the NLRB, Volkswagen is in clear violation of federal law," UAW Secretary-Treasurer Gary Casteel said in a statement. "We are asking the NLRB to order the company to immediately abide by federal law and come to the bargaining table with its employees."
Contact Mike Pare at mpare@timesfreepress.com or 423-757-6318.