Sixth unfair labour practice complaint filed against Kingspan following dismissal of union leader

Another unfair labor practice complaint was filed against Kingspan with the National Labor Relations Board last month, marking the sixth charge since last September.

The complaint, filed by the International Association of Sheet Metal, Air, Rail and Transportation Workers, alleges that the Modesto-area insulation plant retaliated against a recently fired employee, Juan Chavez, for exercising his right to organize a union.

Kingspan fired Chavez on June 19, citing allegations of behavior that was “highly disrespectful” and contrary to the company’s desired culture. Six days later, SMART filed an unfair labor practice complaint with the NLRB.

Modesto City Councilman Chris Ricci and his community allies gathered at the Kingspan insulated panel plant on Morgan Road on June 21, demanding a meeting with management after Chavez’s abrupt firing.

The delegation of community leaders negotiated the release of unpaid salaries owed to Chavez by Kingspan management.

Chavez, who had worked at the plant for more than 22 years as a forklift driver and production worker, was also a union leader who actively organized a union among his co-workers.

Management cited recent performance problems in firing Chavez, despite his clean disciplinary record, which included only a warning for absenteeism in 2005, according to SMART researcher Meredith Schafer.

“The reality is that Kingspan does not respect us and they will continue to profit from our hard work until we unite. That is why I continue to support you in your desire to form our union,” Chavez said.

“I accompanied Juan to the plant offices and told the plant manager that the circumstances of the layoff appeared questionable and that I was deeply concerned,” Ricci said. “I will continue to defend the rights of workers in our community to be treated with fairness and respect.”

“We condemn Kingspan’s efforts to sow division and discourage workers from exercising their fundamental rights to form a union,” said Will Kelly, executive director of the North Valley Labor Federation.

A week before Chavez’s firing, California Congresswoman and Labor Committee Chairwoman Liz Ortega expressed solidarity with Kingspan workers in a letter sent separately to management and workers in Santa Ana and Modesto.

“I am truly inspired by the Kingspan workers who have come forward over the past two years to speak out against unsafe working conditions. Your actions have enabled Kingspan to address many unsafe conditions and improve the lives of your co-workers,” Ortega wrote in the letter.

Chavez’s troubles with Kingspan began earlier this year, following his vocal support for and involvement in a Cal/OSHA complaint filed by the union in September, according to Schafer.

The complaint alleged safety concerns at the Morgan Road plant, located south of Modesto. Employees cited several concerns, including inadequate training and safety equipment. They also reported to Cal/OSHA the presence of pigeons nesting inside the plant, resulting in droppings that could harbor parasites that are harmful to their health.

The investigation was completed in April and found a serious violation. The penalty was initially $6,750, but following an out-of-court settlement, it was reduced to $4,050.

Since last September, several unfair labour practice complaints have been filed against Kingspan. The six complaints allege coercive statements, rules, actions, dismissals, disciplinary measures, interrogations and changes to employment conditions by the company due to employees’ involvement in union activities.

“The labor movement and the community stand with these workers, and we will continue to support them in their fight for a better life for themselves and their families,” said Diana Diaz of the North Valley Labor Federation, who participated in the Modesto plant delegation.