Sixth unfair labor practice complaint filed against Kingspan over union leader’s firing
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, lodged by the International Association of Sheet Metal, Air, Rail and Transportation Workers, contends that the Modesto-area insulation plant retaliated against recently terminated employee, Juan Chavez, for exercising his right to organize a union.
Kingspan terminated Chavez on June 19, citing allegations of behavior deemed “very disrespectful” and contrary to the company’s desired culture. Six days later, SMART filed the unfair labor practice complaint with the NLRB.
Modesto City Councilor Chris Ricci and community allies converged at the Kingspan Insulated Panels plant on Morgan Road on June 21, demanding a meeting with management following Chavez’s abrupt termination.
The delegation of community leaders negotiated the release of unpaid wages owed to Chavez from Kingspan management.
Chavez, who had worked for over 22 years at the plant as a forklift driver and production worker, was also a union leader actively organizing a union among his coworkers.
Management cited recent performance issues when they terminated Chavez, despite his clean disciplinary history, which included only an attendance warning in 2005, according to Meredith Schafer, a researcher for SMART.
“The reality is that Kingspan doesn’t respect us, and they will continue to profit off our hard work until we unite. For this reason, I continue to stand strong with you in support of forming our union,” Chavez said.
“I accompanied Juan to the plant offices, and I told the plant manager that the circumstances of the firing seem questionable, and I am deeply concerned,” said Ricci. “I will continue to advocate for the rights of working people in our community to be treated with fairness and respect.”
“We condemn Kingspan’s efforts to sow division and discourage workers from exercising their basic rights to form a union,” says Will Kelly, Executive Director of the North Valley Labor Federation.
One week before Chavez’s dismissal, California Assemblymember and Labor Committee Chair Liz Ortega extended solidarity to Kingspan employees 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 in the last two years to document unsafe working conditions. Your actions have resulted in Kingspan abating many unsafe conditions and improving the lives of your coworkers,” Ortega wrote in the letter.
Chavez’s troubles with Kingspan began earlier this year on the heels of his vocal support and involvement in a Cal/OSHA complaint filed by the union in September, according to Schafer.
The complaint cited safety issues at the Morgan Road facility, located south of Modesto. Employees detailed several concerns, such as inadequate safety training and gear. They also reported to Cal/OSHA the presence of pigeons nesting inside the plant, leading to droppings that could potentially harbor parasites harmful to their health.
The investigation concluded in April, resulting in a finding of a serious violation. Initially, the penalty amounted to $6,750, but following an informal settlement, it was reduced to $4,050.
Since last September, several unfair labor practice complaints have been filed against Kingspan. The six complaints filed allege coercive statements, rules, actions, discharge, discipline, interrogation and changes in terms and conditions of employment by the company due to employee involvement in union activity.
“The labor movement and community support these workers, and we will continue to have their backs as they fight for a better life for themselves and their families,” said Diana Diaz of the North Valley Labor Federation, who participated in the delegation the Modesto plant.
