Heavy Materials LLC-St. Croix Division

Case Number: 12-UC-223147

Date Filed: 07/02/2018

Status: Closed

No. of Employees: 15

Location: Saint John, VI

Region Assigned: Region 12, Tampa, Florida

Unit Description: ADDENDUM TO HEAVY MATERIALS LLC UC PETITION Paragraph 5: Unit Involved The Heavy Group consists of fifteen (15) unionized workers employed by Heavy Materials LLC - St. Croix Division ("Heavy"). Heavy operates a quarry and aggregate production facility on St. Croix, U.S.V.I. The Heavy Group is represented by the United Industrial Workers of the Seafarers International Union of N.A., AFL-CIO ("UIW") pursuant to a colletive bargaining agreement dated December 23, 2016, and which expires on December 31, 2021. A copy of the roster of the Heavy Group members is attached hereto as Exhibit A. Under Article I of the Heavy-UIW collective bargaining agreement, Heavy "recognizes the [UIW] as th sole and exclusive bargaining representative of all its employees as certified by the National Labor ·Relations Board in [Case No.] 24-RM-265, including all Production, Maintenance and Service employees employed by the Employer at its St. Croix operations (the 'Bargaining Uriit'). Excluded from the Bargaining Unit are all Office, Clerical, Professionals, Timekeepts, _Supervisors, and Guards as defined in the [Labor-Management Relations] Act." The Bargaining Unit job classifications are identified as: "Heavy Equipment Operator"; "Welder"; "Laborer"; "Mechanic''; "Mechanic Helper"; "Truck Driver"; "Leadman"; "Operator"; "Serviceman"; "Bodyman"; "Tireman"; "Concrete Mixer Truck Driver"; and "Crusher Operator." The Spartan Group consists of eight (8) unionized workers formerly employed by Spartan Products, LLC ("Spartan"). Spartan operated a ready-mix concrete production facility on St. Croix, U.S.V.I. The Spartan Group is comprised of six (6) Concrete Mixer Truck Drivers, one (1) Loader/Equipment Operator, and one (1) Yardman/Mechanic Helper. A copy of the rostr of the Spartan Group members is attached hereto as Exhibit B. On October 3, 2016, the National Labor Relations Board (the "Board") certified the International AssoCiation of Machists and Aerospace Workers, AFL-CIO ("IAMAW") in Case No. 12-RC-183460 as the exclusive collective bargaining representative of the. Spartan Group. S:prtan and IAMAW · begarr negotiating the terms of a collective bargaining agreement shortly after the Board certifi:ed its election but no such agreement was ever reached. Heavy and Spartan are both wholly-owned subsidiaries of U.S. Concrete, Inc. ("USC"), l_ocated in Euless, Texas. Based on poor local economic conditions that have prevailed in the territory for the last several years and that were exacerbated by the catastrophic damage inflicted upon the Virgin Islands in September 2017 by Hurricanes Irma and Maria, USC recently determined to combine the operations of Heavy and Spartan. This business combination will increase overall efficiency and reduce expenses with respect to both Spartan and Heavy, and hencefortp. all business will be performed in the name of "Heavy Materials LLC." As of July 1, 2018, all members of the Spartan Group are simultaneously terminated by Spartan and hired by Heavy. The Spartan Group members will receive the same rates of pay and benefits from Heavy that they received from Spartan. The 401k Plans of the Spartan Group members have been transferred to Heavy's Plan .Administrator. Heavy is a "succe·ssor employer" of the Spartan Group members as defined under Title 24 of the Virgin Islands Code. In early June 2018, Heavy initiated Effects Bargaining with both UIW and IAMAW. Heavy and UIW have successfully concluded Effects Bargaining and will be executing an amendment to the Heavy,.UIW collective bargaining agreement on or about July 1, 2018, at the time the Spartan Group members become employees of Heavy. However, on: June 25, 2018, IAMAW announced that it refuses to engage in_ Effects Bargaining and demands ·to continue·negotiating the terms of a collective bargaining agreement with Heavy as the successor employer of the Spartan Group. A copy of IAMAW's letter dated June 25, 2018, to Spartan is attached for the Board's reference .as· Exhibit C. Relief The eight IAMAW workers hired by Heavy all have bargaining urtit job classifications that fall within the scope of the Bargaining Unit as defined by the Heavy-UIW collective bargaining agreement. i.e., six are Concrete Mixer Truck Drivers, one is a Heavy Equipment Operator, and· one is a Laborer/Mechanic Helper. Via this UC Petition to the Board, Heavy seeks clarification that the Bargaining Unit includes both members of the Spartan Group and the Heavy Group and that collective representation of the Bargaining Unit will be undertaken by a single union chosen by the Bargaining Unit's unified membership.