Aaron Vance Comments on BlueOval SK Union Election in Courier Journal

Labor and employment associate Aaron Vance spoke with the Courier Journal about next steps for the BlueOval SK Battery Park in Kentucky following a union election that could bring workers into the United Auto Workers (UAW).

41 ballots are being contested following the election in which workers opted to join the UAW, the article noted. Vance said both sides will conduct a regional investigation before entering into litigation before the National Labor Relations Board (NLRB) to find if the challenged ballots share “an adequate community of interest,” the standard used to determine if the votes should be counted.

“The key question or the key issue in all of this is making sure the employees in the bargaining unit share community of interest,” Vance said. “Meaning that they have similar terms and conditions. They do similar things. They have similar benefits and pay and reporting structures and all this stuff or else the unit wouldn't make much sense. The Union couldn't adequately represent all of those folks because their interests are just too varied.”

Vance also noted that six unfair labor practices have been filed against BlueOval SK, adding that the charges could come into play during the course of the litigation.

Further, issues surrounding the NLRB itself remain an issue, Vance said. Currently, the Board only has a single member and thus lacks a quorum to effectively hear the issue. A lawsuit challenging the constitutionality of the Board’s structure is also underway. Both issues raise concerns about next steps for unionization at BlueOval SK.

“With everything that's happening in Washington (D.C.), it has definitely changed the labor law landscape,” Vance said. “... Obviously the speed of which things are happening is unprecedented. And some of these bigger constitutional questions are now at the forefront that have kind of been simmering under the surface; but now they're here for the most part, on the day-to-day.”