Just 1 1/2 years old, Laborers Local 702 has organized some companies without any brush-ups, gaining support from workers and asking management to voluntarily recognize the union.
But it recently found one difficult case. In response, it has elevated that dispute to the national level.
It turns out that the resistance by All Pro Traffic Control in Las Vegas is the perfect example (according to the Laborers) of why Congress should pass the Employee Free Choice Act. One employee at All Pro visited Nevada members of Congress on Feb. 28, just before the U.S. House passed that bill.
"It doesn't have to be like that, it just doesn't have to," said George Vaughn, business manager and secretary-treasurer for Local 702. "They initiated a fight."
The local has filed four unfair labor practice charges with the National Labor Relations Board, accusing All Pro of firing workers or keeping jobs away from them because of their support for the union. The actions have taken away support for the union, making it impossible for it to win an election, Vaughn said.
Officials at All Pro refused to comment.
The Employee Free Choice Act is a controversial proposal that has been rejected before by Republican-controlled chambers. The act would make it easier for unions to organize by requiring them to recognize card checks.
In the All Pro case, Local 702 could have gained recognition by collecting signatures from the majority of workers indicating they want a union. Currently those types of card checks only work if a company agrees to recognize them; otherwise the union must request an election.
Most companies oppose the bill because they say unions would pressure or mislead workers into signing their names. Unions say the current method is unfair.
In the All Pro organizing effort, Vaughn said that managers have delayed the election process and eroded support for the union. Once a union supporter was sent to "the middle of No Man's Land" to help direct traffic at a made-up job.
"They just laughed," he said.
Other workers have had their hours cut, effectively cutting their pay, union officials said. A supporter who used to work 40 hours a week is now working 20 or 30 hours a week.
The Laborers have a history with All Pro. Before Local 702 was chartered, Laborers Local 872 (which now handles only workers for large construction projects) had tried to organize the company.
In 1999 the company NLRB issued a complaint against All Pro for discharging five employees. The company agreed to a settlement that included back wages to those workers.
Vaughn was director of organizing for Local 872 during that time.
"This time we're not giving up. We're going to fight to the end," Vaughn said. Still, he thinks the laws favor the employer.
The proposed All Pro unit has 23 workers, referred to as "flaggers" because they hold the stop/slow signs at construction sites.
Local 702 claims about 400 members.
One of its most recent additions was Elite Traffic Control, which has 17 flaggers. The company's president, Jim Smith, signed an agreement on March 4 to accept representation.
Smith - a boss who often loans money to his workers and says he makes a point to treat them well - heard from his workers that they were being recruited, then went to visit Vaughn.
"I went down and met with him," Smith said. "Everything sounded good. I needed to boost my workforce a little bit."
Representation by a union would allow Elite to get union-only jobs, he said. Individuals would be able to work more than 20 or 30 hours a week, and more workers would be hired.
"The company will probably double, maybe triple in size," Smith said. "It'll bring them a lot more work. I'd like to see them, instead of the $20,000 range, in the $30,000 range. That'd be fantastic for my people."
Cristina Rodriguez covers medical and workplace issues for In Business Las Vegas and its sister publication, the Las Vegas Sun. She can be reached at (702) 259-2326 or by e-mail at cristina.rodriguez@lasvegassun.com.