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Federal Judge Cites Titan Tire For Massive Labor Law Violations

18 February 1999

Federal Judge Cites Titan Tire For Massive Labor Law Violations; Orders Immediate Relief For Local 164 Strikers

    DES MOINES, Iowa, Feb. 17 -- National Labor Relations Board
Administrative Law Judge Jerry M. Hermele in Washington, DC, has issued a
scathing decision condemning Titan Tire for numerous violations of United
States labor laws in its ongoing labor dispute with the United Steelworkers of
America.
    Judge Hermele's decision orders Titan to immediately "cease and desist"
from continuing to violate the Federal National Labor Relations Act (NLRA) and
orders Titan to provide relief to USWA Local 164 and its 670 members, who have
been conducting an unfair labor practice (ULP) strike since May 1, 1998.
    Specifically, Judge Hermele affirmed all counts of a complaint issued by
the NLRB on Sept. 15, 1998.  The judge found that Titan acted unlawfully by:

   -- discontinuing insurance benefits to workers who were on leave when the
       strike began;
   -- failing to provide the union with necessary bargaining information;
   -- moving equipment and jobs from Des Moines;
   -- hiring replacement workers; and
   -- unilaterally imposing a contract on members of Local 164.

    The Steelworkers say these violations affirm that Local 164's strike
against Titan is an unfair labor practice strike.  Under Federal law, workers
may not be permanently replaced for taking part in a ULP strike.
    The remedies ordered by Judge Hermele include: reinstating insurance
benefits for affected workers; restoring productions levels at Des Moines to
what they were when the violations began on May 14, 1998; providing the union
with necessary bargaining information; revoking the imposed 'last best and
final' offer; bargaining in good faith; and offering full reinstatement to
union members when an agreement is reached.
    Judge Hermele also ordered Titan to provide the NLRB with detailed
information; to post a notice of the judge's decision in the plant; and to
file certification with the NLRB showing what steps the company has taken to
comply with the judge's order.
    "This is a great victory for our union," said USWA Local 164 President
John Peno.  "We knew that Titan broke the law of the land and we were
successful in presenting our case before the NLRB.  We have always considered
the jobs at the plant to be ours; now, the court has confirmed that position."