Judge backs union, orders 2nd Target vote

An administrative law judge has found that Target Corp. violated federal labor law during last year's efforts by workers to unionize the company's Valley Stream store, and has ordered a second union election.

Judge Steven Davis, of the National Labor Relations Board's New York office, ruled that a company leaflet stressing 32 closings of A&P stores represented by the union constituted an illegal threat.

He also found that managers' restrictions on workers advocating union membership, the interrogation of employees about union activity, and numerous broad provisions in Target's employee handbook restricted workers' rights to take part in union activities.

The judge's ruling, issued Friday, addressed both a complaint brought by the regional National Labor Relations Board in Brooklyn against the company, and objections by the United Food and Commercial Workers International Union, Local 1500, to the June 17, 2011, election.

The union's charges "paralleled what we had in the complaint, and the judge found that objectionable conduct did in fact taint the election and did not allow a fair election to be conducted," said James Paulsen, director of NLRB Region 29.

Target said it was disappointed with the judge's ruling, citing the results of the election as a "strong rejection of unionization" by its Valley Stream workers. Of about 268 eligible voters, 85 cast their ballots for the union and 137 voted against. None of Target's U.S. stores has been successfully unionized.

"We firmly believe Target followed all laws throughout the union's campaign at its Valley Stream store," said Target spokeswoman Molly Snyder. "In light of the NLRB judge's ruling, we are evaluating the appropriate next steps."

Target can file exceptions to Judge Davis' decision and request that the National Labor Relations Board in Washington, D.C., reverse the ruling.

The union and the workers involved in the organization effort were elated by the decision, said Pat Purcell, spokesman for UFCW Local 1500.

Last May, a group of Target workers and UFCW Local 1500 filed a petition to establish union representation for full- and part-time workers at the Valley Stream location. Both union advocates and Target filed charges with the National Labor Relations Board.

One of the remaining charges still under investigation is a claim by the union that Target intended to chill union activity when it temporary closed the Valley Stream store in late April for the stated purpose of renovation.

Snyder said Target is investing millions to "bring a new and improved store to the Valley Stream community later this year." Workers were given the option to work at other nearby Target stores and transfer back once the store reopened, the company said.