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National Labor Relations Board Issues Complaint Against Boeing Alleging that Boeing Unlawfully Transferred Work to a Non-Union Facility
May 2011

By: Richard H. Wessels, Esq. 

With the Obama administration firmly in control at the NLRB, we are seeing a steady stream of pro-union actions.

The NLRB last week issued a complaint against the Boeing Company alleging that it violated the law by deciding to transfer a second production line to a non-union facility in South Carolina.

Boeing announced in 2007 that it planned to assemble seven 787 Dreamliner airplanes per month in the Puget Sound area of Washington state, where its employees are represented by the International Association of Machinists. The company later said that it would create a second production line to assemble an additional three planes a month to address a growing backlog of orders. In October 2009, Boeing announced that it would locate that second line at the non-union South Carolina facility.

The NLRB complaint alleges that in statements to employees and the media, Boeing executives cited the unionized employees' past strike activity and the possibility of strikes occurring sometime in the future as factors in deciding to locate the second line in South Carolina.

Unfair labor practice charges were filed by the IAM. The Board investigated and found reasonable cause to believe that Boeing had violated the Act and that its statements were coercive to employees and its actions were motivated by a desire to retaliate for past strikes and chill future strike activity.

The NLRB is seeking an order that would require Boeing to maintain the second production line in Washington state. The complaint does not seek closure of the South Carolina facility, but that could be the practical effect if the NLRB prevails.

Trial before an ALJ is set for June 14, 2011.

Questions? Call Attorney Dick Wessels of Wessels Sherman's St. Charles, Illinois office: 630-377-1554 or email him at riwessels@wesselssherman.com.

Dick Wessels handles a variety of labor and employment law cases. His primary focus is dealing with labor unions, either on behalf of union-free companies or where unions already have representation rights. He has handled cases involving nearly all international unions for companies throughout the United States.