Workers allege union busting, file labor complaint against Modesto-area insulation plant

Employers are prohibited from asking workers about union matters. But there’s nothing stopping them from asking about lunch.

“‘What did they feed you guys today? I heard you guys had burritos today,’” said Kingspan Insulated Panels worker and organizer Rafael Cabrera, recounting the plant manager’s post-union meeting queries. Though seemingly harmless, he said, these jabs are just one example of the company’s attempts to undermine union activity.

The International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART) has filed charges of unfair labor practice against Kingspan with the National Labor Relations Board (NLRB), alleging the Ireland-based company illegally discharged and disciplined union supporters. These charges follow a Cal/OSHA complaint filed by the union in September regarding safety concerns at the Morgan Road facility, south of Modesto.

The SMART union claims the company violated federal law by cracking down on enforcement of rules in response to employees’ union organizing.

Kingspan did not respond to a request for comment from The Modesto Bee.

Starting in August, the company began tightening up on attendance rules, such as writing up employees for tardiness. This led to disciplinary actions, culminating in the termination of employee Celina Arellano and a warning for Cabrera. SMART is pursuing legal action to rescind these actions and reinstate Arellano, who was one of the few women of color working at the plant.

Cabrera said he no longer qualified for his quarterly pay bonus because of his write-up.

A delegation of community and labor leaders, including representatives from Faith in the Valley, Latino Community Roundtable, Valley Improvement Projects and the North Valley Labor Federation, visited the Kingspan plant after the charges were filed.

“We are behind these workers 100%. We are not going anywhere,” said North Valley Labor Federation organizer Diana Diaz.

Poor working conditions alleged

Cabrera, who has worked at the plant for three years, hadn’t had to use an inhaler since high school. Now he’s been prescribed one and visits the doctor more frequently due to the exposure of dust and chemicals at work.

He said a lot of the seasoned, predominantly Hispanic workers are used to the poor labor conditions but adopt a mindset of “Well, this is better than working in Mexico,” said Cabrera.

In the Occupational Safety and Health (OSHA) complaint, employees outlined a series of grievances, including the company’s failure to provide adequate safety training and gear. Workers also informed Cal-OSHA about the presence of pigeons nesting inside the plant, leaving droppings that could potentially contain parasites harmful to their health.

“We shouldn’t have to work like this,” Cabrera said.

Arturo Lopez, a worker who has been there for eight years, recalled a time when the neighboring recycling center caught fire.Despite working with hazardous chemicals, the Kingspan workers continued their shift until enough complaints prompted their release to go home.

“I found it a little concerning for the workers how they would rather continue working because the breeze was blowing away from them,” Lopez said.

Since the OSHA complaint, Cabrera said he’s noticed a lot of improvements, such as more safety precautions and pay increases, though it’s still not at 100%. When Cabrera first joined the workforce, his pay was on par with those who had worked there for over 15 years.

The OSHA investigation is still ongoing.

Union intimidation tactics

Once word got around that workers had initiated organizing efforts, Cabrera said Kingspan began hosting captive audience meetings, which are meetings designed to intimidate workers and dissuade them from joining a union.

These meetings often disseminate misinformation about unions, such as how union dues charge by the hour. Cabrera said much of the information appeared to be sourced from the internet and is intentionally overstated to discourage workers from pursuing unionization.

Will Kelly, executive director of the North Valley Labor Federation, said even if employees are told a meeting is optional, it’s still intimidating to opt out, especially if you feel like you’re the only one doing so.

He added that vulnerable groups, especially immigrant workers, bear the brunt of exploitation in these meetings due to the inherent power imbalance.

“If your employer controls your ability to exist in this country, that’s a whole other level of power,” Kelly said.

Workers and unions in California are pushing for the passage of SB 399, also known as the California Worker Freedom from Employer Intimidation Act.

This bill would prohibit employers from mandating employees to attend meetings that convey the employer’s opinion on religious, unionization and political matters. The bill is particularly crucial during unionization campaigns, where employers may exploit mandatory meetings to advocate anti-union views.

Currently, six states have enacted this law, including Connecticut, Maine, Minnesota, New Jersey, New York and Oregon.

“It’s common sense that your employer has a lot of power over you and it can be really intimidating to be in that setting where you’re either forced or feel like you’re being forced to be in those meetings,” Kelly said.

History of union busting and safety concerns

Kingspan has faced allegations and complaints from workers across various plants, with Modesto being the latest to express concerns. The company, with a global workforce of 22,000, operates in 80 countries and has over 212 manufacturing sites.

In October 2021, workers in Santa Ana sought improvements in health and safety, along with a fair process to decide on union participation. In response, Kingspan engaged in union-busting tactics, workers allege.

By September 2022, Kingspan had settled two Unfair Labor Practice cases brought by the federal government, which accused the company of violating workers’ rights not only in Santa Ana but also in other plant locations. One case involved withholding health benefits based on union representation, while the other addressed the prohibition of workers from sharing compensation data and personnel information.

Kingspan faced consequences for violating 22 safety regulations, including five serious violations, resulting in a fine of $21,785.

Meredith Schafer, a researcher for SMART, said Kingspan prides itself on its sustainability efforts but fails to protect the environment of its workers.

“Whose environment do they really care about?” Schafer said.

Editor’s note: The story has been updated to clarify the complaint by The International Association of Sheet Metal, Air, Rail and Transportation Workers filed with the National Labor Relations Board.