Despite BlueOval SK's plans to shutter its electric vehicle battery plant in Glendale next month, workers there have officially won a union election.
More than 1,200 hourly workers voted in the election last summer with 526 votes in favor of joining the United Auto Workers while 515 ballots were cast against representation. The 11-vote victory by the UAW was contested by the company.
BlueOval SK challenged 41 ballots that could have changed the outcome of the election. Those ballots were cast by the plant's Safety Emergency Response Technicians, or SERT employees. The votes were sealed, pending a ruling by the National Labor Relations Board.
When workers filed for the union election in January, they asked that only production, maintenance, and quality operators, as well as material planning and logistics employees be under the same contract.
In a ruling issued on Monday, the NLRB said SERT ballots should not be counted. A hearing officer found those workers perform different job functions from production, maintenance, and quality operators and shouldn't be included in the same bargaining unit.
"I find that the evidence was insufficient to show that the SERTI and SERTII employees share an overwhelming community of interest with the petitioned-for unit," wrote Hearing Officer Austin Wishart, Region 9, National Labor Relations Board. "Accordingly, I recommend that the remaining challenged ballots should not be opened and counted, and an appropriate certification of representation should issue."
BlueOval SK has until Jan. 26 to file an appeal, which the company intends to do, according to a statement emailed to WKU Public Radio.
"We are disappointed and believe this is a wrong and arbitrary decision that prevents all eligible team members' voices from being heard," said Senior Communications Manager Mallory Cooke. "As we continue to fight for the dismissal of the election petition due to BlueOval SK's imminent and permanent cessation of operations, we remain steadfast in our argument that all votes should be counted and will file appeals.
Now that the union victory is recognized, employees may be able to negotiate the effects of the closure.
"One thing, of course, we'd really like to win is some preferential hiring, some call-back rights at the successor company," said production operator Bill Wilmoth.
Ford has dissolved its partnership with South Korea-based SK On and has taken sole ownership of the Hardin County plant. The 1,600-member workforce is receiving full pay and benefits until Feb. 14.
The automaker will retool the facility to make energy storage systems for data centers and utility companies. The new venture is expected to begin operations in 2027.
"If you are a successor and you hire back people who were represented by the union, then you may have to automatically recognize the union," explained Arianna Levinson, a labor and employment law professor at the University of Louisville.
According to Levinson, Ford could voluntarily recognize the union or go through the card check process, which allows workers to sign authorization cards, bypassing a secret-ballot election. An independent third party verifies the signed cards, and if a majority is confirmed, the union is certified to bargain for all employees.
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