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"All these workers ever wanted was a fair shot at having a voice on the job and a say in their working conditions," the union said.
The United Auto Workers on Friday formally challenged last week's election loss at a pair of Mercedes-Benz facilities in Alabama, accusing the company of engaging in "an unprecedented, illegal anti-union campaign" and requesting a new vote.
"All these workers ever wanted was a fair shot at having a voice on the job and a say in their working conditions," the UAW said in a statement. "And that's what we're asking for here. Let's get a vote at Mercedes in Alabama where the company isn't allowed to fire people, isn't allowed to intimidate people, and isn't allowed to break the law and their own corporate code, and let the workers decide."
Of the more than 5,000 employees at the two Mercedes-Benz United States International (MBUSI) plants, 2,045 (45%) voted to join the UAW and 2,642 (56%) voted against it. After the ballots were counted, union president Shawn Fain said that it was "obviously not the result we wanted" but "we'll be back."
The UAW complaint to the National Labor Relations Board (NLRB) accusing MBUSI of "wanton lawlessness" echoes the union and workers' previous allegations that the company engaged in illegal union-busting at the Vance and Woodstock facilities, which led to ongoing reviews from U.S. and German authorities.
"The employer engaged in a relentless anti-union campaign marked with unlawful discipline, unlawful captive audience meetings, and a general goal of coercing and intimidating employees."
"On January 11, 2024, employees of MBUSI publicly announced that they were exploring forming a union with the UAW at MBUSI's facilities," says the new complaint, according toAlabama Reflector. "Almost immediately thereafter, both prior to and during the election period, the employer engaged in a relentless anti-union campaign marked with unlawful discipline, unlawful captive audience meetings, and a general goal of coercing and intimidating employees who were attempting to exercise their Section 7 rights."
The Reflector reported that "the charges include disciplining employees for discussing unionization at work; not allowing union materials or paraphernalia to be distributed; surveilling employees; discharging supporters of the union; forcing employees to be in captive audience meetings, and making comments that union activities will not work."
MBUSI has denied any wrongdoing and a company spokesperson said Friday that "our goal throughout this process was to ensure every eligible team member had the opportunity to participate in a fair election."
"We sincerely hoped the UAW would respect our team members' decision," the MBUSI spokesperson added. "Throughout the election, we worked with the NLRB to adhere to its guidelines and we will continue to do so as we work through this process."
Lisa Henderson is the NLRB's regional director responsible for the complaint. The agency confirmed to CNBC that her office is still investigating the earlier accusations against MBUSI and received the new filing. As the outlet detailed: "If she finds that the objections raise substantial and material issues of fact that could be best resolved by a hearing, she will order a hearing. If after the hearing, she finds that the employer's conduct affected the election, she can order a new election."
Although leading public figures—from Republican Gov. Kay Ivey to retired University of Alabama football coach Nick Saban—battled the UAW push, organizers had high hopes going into last week's vote, which came after a victory at a Volkswagen facility in Chattanooga, Tennessee last month and union workers winning new contracts at the "Big Three" following a six-week strike last year.
Reflecting on the initial outcome in Alabama, Dave Kamper, senior state policy strategist at the Economic Policy Institute, wrote Wednesday that "while this result shows the power of corporations and state governments to smother worker efforts to unionize, even in defeat the UAW helped Mercedes workers win substantial improvements in pay and benefits."
"Workers organizing to improve their working conditions benefit from unions in many ways, but even when a union victory eludes them like in Alabama, the organizing can pay off," he stressed. "The more workers band together to fight for better jobs, the more likely they and other workers will see the benefits."
Organizers are expected to continue their effort, drawing inspiration from a recent success in Tennessee that followed two defeats.
Workers at a pair of Mercedes-Benz plants near Tuscaloosa, Alabama narrowly voted against joining the United Auto Workers this week, according to a preliminary tally on Friday.
As of press time, the UAW webpage had the National Labor Relations Board tally at 2,045 in favor of joining the union (45%) and 2,642 opposed (56%).
Voting at the large facility in Vance and the battery plant in Woodstock kicked off Monday and wrapped up Friday morning. Speaking to reporters Friday evening, UAW president Shawn Fain said that it was "obviously not the result we wanted" but "we'll be back in Vance."
"These courageous workers reached out to us because they wanted justice," Fain said of the Mercedes employees. "They led us. They led this fight, and that's what this is all about—and what happens next is up to them."
"It's a David v. Goliath fight. Sometimes Goliath wins a battle but ultimately David will win the war."
"Justice isn't just about one vote or one campaign, it's about getting a voice and getting your fair share," he continued, noting that "workers won serious gains in this campaign."
Fain added that "it's a David v. Goliath fight. Sometimes Goliath wins a battle but ultimately David will win the war."
The Alabama election followed a UAW win in Chattanooga, Tennessee, where Volkswagen workers last month voted to join the union.
Labor reporter Mike Elk
noted that the "tough loss" in Alabama was "not a blowout," and organizers now have "a solid base that future campaigns can build on like they did at Volkswagen," where winning a union election took three rounds of voting.
The UAW has ramped up organizing in the U.S. South since securing contract victories last year following a "Stand Up Strike" targeting Ford, General Motors, and Stellantis, the American automobile industry's "Big Three."
The Alabama organizing effort has garnered support from progressives and union workers around the world. The Washington, D.C.-based Global Labor Justice said Friday that "we stand with Mercedes autoworkers who are voting to join UAW to better their lives and help end the so-called 'Alabama discount.' It's time we end the U.S. South and Global South 'discounts' that allow corporations to perpetuate a race to the bottom that hurts all workers."
Meanwhile, Republican leaders in U.S. Southern states have shown "how scared they are that workers organizing with UAW to improve jobs and wages," as the Economic Policy Institute put it last month, after Govs. Kay Ivey of Alabama, Brian Kemp of Georgia, Tate Reeves of Mississippi, Henry McMaster of South Carolina, Bill Lee of Tennessee, and Greg Abbott of Texas issued a joint statement accusing the union of coming to their states to "threaten our jobs and the values we live by."
NEW: Right now Mercedes workers in Alabama are voting on joining the @UAW.
One reason workers are voting yes? They know they're building cars that sell for $250,000 and generating billions for Mercedes.
And that they aren't seeing that money. pic.twitter.com/vOnej9ufuO
— More Perfect Union (@MorePerfectUS) May 15, 2024
Mercedes has said that it "fully respects our team members' choice whether to unionize and we look forward to participating in the election process to ensure every team member has a chance to cast their own secret-ballot vote, as well as having access to the information necessary to make an informed choice." However, both employees and the UAW accused the company of union-busting ahead of the vote.
During his remarks to the press Friday evening, Fain charged that "this company engaged in egregious illegal behavior" and pointed to ongoing probes by German and U.S. officials into "the intimidation and harassment that they inflicted on their own workers."
The Alabama facilities are operated by Mercedes-Benz U.S. International, a subsidiary of a German parent company. The UAW said Thursday that Germany's Federal Office for Economic Affairs and Export Control has launched an investigation into worker claims.
"Autoworkers in Alabama should have the same rights and be treated with the same respect as autoworkers in Germany," Jeremy Kimbrell, who has worked at one of the Alabama plants since 1999, said in a statement. "My coworkers and I are grateful to the German government for taking our testimonies and the evidence we have provided seriously and taking the first steps to hold the lawless, reckless Mercedes managers in Alabama accountable for their action."
Mercedes toldQuartz that it "has not interfered with or retaliated against any team member in their right to pursue union representation" and is "fully cooperating with the authorities."
As The Washington Postreported Friday:
Alabama business leaders, politicians, and clergy have also stepped in to warn workers against voting for the union...
In a video posted this week on a Mercedes-run website about the union election, Rev. Matthew Wilson, a pastor and city council member in Tuscaloosa, told workers of the union vote: "This one change I would be careful of... As a lifelong resident of Tuscaloosa, we have come too far to turn around now."
ESPN sportscaster and retired University of Alabama football coach Nick Saban also spoke to Mercedes workers this week. According toAxios, "Saban owns multiple Mercedes dealerships and has reportedly said he does not endorse the UAW's campaign."
Kay Finklea, a Mercedes employee and member of the UAW's voluntary organizing committee, told the outlet that "they don't stop the line for hardly anything, but they shut the line down and they had a meeting with Nick Saban in there to talk to us about teamwork and the tactics and methods he used as a football coach."
The Alabama effort is widely seen as a test case for unionizing more auto workers in the South. Before the results were announced, Harley Shaiken, a labor professor at the University of California, Berkeley, toldReuters that "if the union wins, they improve their momentum dramatically for future organizing."
This post has been updated to correct the reference to Global Labor Justice.
A victory in the Southern state, said one organizer, "would show workers across all different industries that they can stand up together and fight for more."
From Monday through Friday, around 5,200 employees of Mercedes-Benz in Alabama will vote on whether to join the United Auto Workers—which has set its sights on the U.S. South after contract wins at the industry's "Big Three" in Michigan last year.
While Republican leaders in the state, including Gov. Kay Ivey, and at least one worker have publicly attacked the unionization effort, multiple Mercedes employees have signaled their support for the UAW going into this week's voting at an assembly facility in Vance and battery plant in Woodstock.
"I've watched our company not keep up with the times," Mercedes worker Brett Garrard recently told the Detroit Free Press. "We pray for fair wages, comparative wages inside the auto industry. Benefits packages have suffered throughout the years. My wife, herself, has stage four cancer. I'd like to see something implemented to maybe help our situation."
David Johnston, who works at the Woodstock plant, has also cited medical concerns, tellingForbes that "I'm always in a medical hospital. I'm always sick. I need better healthcare. Plus, when I retire I'm not going to have any insurance until Medicare kicks in."
Johnston is optimistic about the vote in Alabama. He pointed to Chattanooga, Tennessee, where Volkswagen plant employees last month overwhelmingly voted to join the UAW.
"I mean, hands down. I think we're gonna win. We're gonna win. Hopefully by a lot," he said. "It seems like it's gonna be a slam dunk just like Volkswagen. Everybody's excited."
Haeden Wright, a senior organizer for Jobs to Move America, toldAL.com that a win in Alamaba "would show workers across all different industries that they can stand up together and fight for more."
In comments to The Guardian, Mercedes employee Rick Webster similarly framed this week's vote as part of a larger battle.
"It's time for Alabama workers to stand up and unite not just at Mercedes, but at Hyundai, Honda, and Toyota. It's time for everybody to stand up and have a voice and we need to end the Alabama discount," he said, using an organizer term to highlight how workers in the state have subpar wages and benefits compared to their peers elsewhere in the country.
Webster also called out Mercedes' efforts to convince workers in Alabama not to vote in favor of joining the UAW—which has filed multiple union-busting complaints against the company with the National Labor Relations Board.
"It is a daily barrage of text messages, emails, and there's an app we have for work for every kind of announcement you can think of and we're getting two to three notifications daily. Every day before the shift, we have to sit in the team room and watch anti-union videos," he explained. "It's just been a constant barrage. Everybody is just sick and tired of it."
Johnston toldNPR that "the entire message in those meetings is Vote no, vote no, vote no. We don't think you need to do this. This is not what you want."
A company spokesperson has told multiple news outlets that Mercedes-Benz U.S. International "fully respects our team members' choice whether to unionize and we look forward to participating in the election process to ensure every team member has a chance to cast their own secret-ballot vote, as well as having access to the information necessary to make an informed choice."
The United Auto Workers webpage on the Alabama effort includes information about who is eligible to vote, how to participate, and workers' rights as well as the UAW's responses to some of opponents' allegations against the union.
"Right now, Mercedes is doing whatever they can to discourage us. But voting yes for our union is a game-changer," the UAW webpage says. "Once we vote yes, the company is legally required to sit down with us as equals to bargain a contract. Just like VW, Mercedes has negotiated union contracts with workers all around the world. We can win our union, our union contract, and our fair share right here in Alabama."