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NLRB Complaints Filed in San Jose

By Stephanie Corbin -- Tradeshow Week, 10/19/2009

An exclusive labor policy at San Jose, Calif.'s McEnery Convention Center led Freeman and GES Exposition Services to file complaints with the Natl. Labor Relations Board against Team San Jose and two local labor unions.

The complaints stem from a new labor policy implemented by Team San Jose, the public-private partnership that runs the convention center and other venues in the Northern California city, which named San Jose-based Teamsters Local 287 as the exclusive labor provider for the city's convention center. Before the policy was implemented in August, general service contractors had a collective bargaining agreement that called for 50 percent of the workforce at GSC-serviced shows in San Jose to be from San Francisco-based Teamsters Local 85 and 50 percent from Local 287.

The complaints, filed between Aug. 31 and Oct. 1, named Team San Jose, Local 287 and Local 85.

“Anyone or any group can make an allegation to the NLRB,” said Dan Fenton, president and CEO of TSJ. “Team San Jose and Teamsters Local 287 are cooperating with the National Labor Relations Board. We do not feel there is anything substantial to the allegations and have submitted documents to assist the investigation.”

Local 287 President Bob Blanchet said it's anyone's “democratic right” to file a complaint and that justice eventually would prevail. Local 85 did not return TSW's call for comment.

After the new policy was announced, GSCs told TSW one of their concerns was how the policy would affect their previously negotiated contract with Local 85.

Freeman filed the first of three complaints Aug. 31 against Local 287, according to the NLRB. “The clear purpose of the agreement between ... Local 287 and Team San Jose is the acquisition of all the convention center work for employees represented by ... Local 287, at the expense of Freeman employees represented by Local 85 who had previously performed much of this work,” according to the charge.

The second complaint was filed Sept. 22 against TSJ for “unlawfully” recognizing Local 287 as the exclusive labor provider at the McEnery CC without following correct procedures. The complaint also pointed out that union leader Blanchet is a TSJ board member, a potential conflict of interest. As of press time, he was listed as such on TSJ's Web site.

Freeman filed its third complaint Oct. 1, also accusing Local 287 of “unlawfully accepting recognition from Team San Jose.”

Freeman did not return calls for comment on the complaints.

GES filed its complaint Sept. 4 against Local 85, claiming that members of Local 85 had “threatened, coerced and restrained GES Exposition Services and other persons” who were working at shows “to force or require (GES) to assign tradeshow set-up and break-down work at the San Jose convention center to employees who are members of or represented by Teamsters Local No. 85, rather than to employees who are members of or represented by Teamsters Local No. 287.”

GES officials declined to comment on the complaint.

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