On March 3, the National Labor Relations Board and Mercedes came to a unilateral settlement, closing one of the unfair labor practices charges filed against the company by the United Auto Workers during the lead up to the May 2024 union election at the company’s Vance location.
The charge in question included allegations that Mercedes had violated sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act. Another case, where the UAW has requested the NLRB rerun the union election, remains open.
Mercedes was frequently accused of union busting and illegal anti-union tactics during the 2024 unionization campaign, which ended in the UAW losing by just under 600 votes. When speaking to the press, pro-union workers referred to “a constant brow beating of anti-union campaigns” and described receiving countless anti-union messages from management.
The union alleged in various filings that Mercedes had illegally fired and drug-tested union supporters, punished workers for discussing unionization, and otherwise coerced its employees. Under the National Labor Relations Act of 1935, workers enjoy wide-ranging protections for organizing a union and other “concerted activity.”
The company has consistently denied any wrongdoing. In 2024, following the initial filing of charges by the UAW, a Mercedes spokesperson told APR that “we do not believe these claims have merit and we look forward to presenting our case to the NLRB.”
Under the terms of the new agreement, Mercedes will be required to post a notice detailing its workers’ union organizing rights.
Labor journalist Josh Eidelson has reported that a copy of the new mandatory notice acquired by Bloomberg News includes the following statement: “WE WILL NOT threaten you with the closure and/or relocation of the facility to a non-union location, like Mexico, or anywhere else, if you choose to be represented by a union.”
Eidelson also reported that, per documents acquired by Bloomberg through FOIA requests, the UAW felt simply posting a notice would not properly remedy the alleged behavior. Instead, the union apparently requested that similar messaging be read aloud to Mercedes employees.
“Following our Team Members’ decision to reject UAW representation two years ago and the withdrawal or dismissal of the vast majority of the UAW’s accusations, we resolved these matters with the NLRB with no admission of violations, despite the UAW’s objections to the settlement,” a Mercedes spokesperson said in a statement emailed to APR on Monday.
In statements sent to Bloomberg, the company similarly said it “has not interfered with or retaliated against any team member in their right to pursue union representation” and that they “look forward to working directly with our team members on measures to ensure we remain an employer of choice and provide a safe and supportive work environment.”
APR has not yet received a response to a request for comment sent to the UAW. This article will be updated as that changes.
