Subject: The Irony of Unions as Employers: IBEW Local 111's Labor Law Fail: LRI INK

April 10, 2025

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The Irony of Unions as Employers: IBEW Local 111's Labor Law Fail

by Michael VanDervort

In a twist that could make even the most seasoned labor attorney raise an eyebrow, the International Brotherhood of Electrical Workers (IBEW) Local 111 found itself in hot water after violating multiple provisions of the National Labor Relations Act (NLRA)—not as a corporate employer, but as a union. The issue? After voluntarily recognizing its employees' right to unionize, Local 111 broke labor laws against its own staff.


The Backstory

Local 111, representing 4,400 members across Colorado and Wyoming, voluntarily recognized United Professionals International (UPI) in June 2022, a union formed by assistant business manager Leendert de Blaeij. It seemed like a win for workers’ rights. But when leadership changed just a month later, things quickly took a turn. The new business manager, Rich Gutierrez, began making significant changes that would land the union in legal trouble.


The Violations

  1. Unilateral Changes: Gutierrez rolled out new policies, like banning personal use of company vehicles and instituting a strict 7 a.m. start time, without bargaining with UPI. This violated Section 8(a)(5) of the NLRA, which mandates that employers negotiate over significant changes in working conditions​.

  2. Discriminatory Firing: When de Blaeij, the union organizer, was fired for "poor performance," the timing—just after he helped form UPI—raised serious red flags. The judge found the firing to be retaliation for his union activities, violating Section 8(a)(3)​.

  3. Coercive Statements: Gutierrez reportedly told de Blaeij, “We don’t have union representation for you here,” and “I don’t recognize your stewards,” clearly infringing on Section 8(a)(1), which protects union organizing efforts​.

  4. Delays in Information: When UPI requested basic employee information, Local 111 dragged its feet for weeks, violating Section 8(a)(5), which requires timely responses to union requests​.

What Wasn't Violated

Judge Ringler dismissed allegations of unreasonable bargaining delays and affirmed Local 111's right to discipline staff in line with established policies. In short, the union wasn’t found guilty of everything it was accused of​.


The Remedy

The union must reinstate de Blaeij with backpay, rescind the unilateral policy changes, and post notices acknowledging its violations. It’s a tough pill to swallow for an organization that advocates for workers' rights but fails to walk the walk within its own ranks​.


The Irony: A Union Acting Badly Against Another Union

Here’s the kicker: a union that allegedly fights for workers’ rights was caught denying those rights against its own employees. Local 111’s actions, which included retaliation against union organizing and unilaterally changing terms of employment, put them squarely in the “bad employer” category. 


Key Takeaways

  • Unions must respect their own employees' right to organize, just as they advocate for it in the broader workforce.

  • How a union treats its workers speaks volumes about its commitment to workers' rights.

The lesson here is that unions care less about workers’ rights. They are not altruistic organizations. They are businesses that aim to "sell” themselves to employees to collect union dues. In the case of Local 111, they learned the hard way that workers’ rights aren’t just for the workplace—they need to be respected within union walls, too​.

Egg On His Face? Shawn Fain And The Rollercoaster Tariffs

by Kimberly Ricci

Egg On His Face? Shawn Fain And The Rollercoaster Tariffs

As you know, the U.S. tariff situation is changing so quickly that it’s difficult to stay current, but let’s try to make sense of the situation concerning UAW President Shawn Fain. He previously raved about tariffs for the auto industry and called them “a powerful tool” while adding, “We look forward to working with the White House to shape the auto tariffs in April.”


Is the UAW truly helping to “shape” these tariffs? It’s hard to tell, but on April 9, Trump abruptly issued a 90-day pause on many of his “Liberation Day” tariffs and left intact the 25% on automotive imports with tariffs on auto parts still to come. This prompted the Detroit Regional Chamber and MichiganAuto to criticize the whiplash: "Michigan's signature industry and the supply chains and employees that sustain it will continue to endure the uncertainty and disruption of these fluctuating trade policies.”


That’s only the beginning of the awkward tariff outcomes for Fain while automakers grapple with resultantly severe financial stressors:

  • Stellantis temporarily laid off 900 workers from across five U.S. plants and then idled a Mexico plant and counterpart in Canada, potentially putting another 7,000 auto workers out of jobs. In response, Fain pointed fingers: “Stellantis continues to play games with workers’ lives. As we’ve shown time and again, they’ve got the money… These layoffs are a completely unnecessary choice.”

  • Analysts believe that 20% of vehicle price hikes from these tariffs are realistic consequences, and Trump declared to NBC News that he “couldn’t care less if they raise prices because people are going to start buying American-made cars.” So, which company has the most American-made cars right now? That would be Elon Musk's Tesla, which is not unionized and certainly not so with the UAW, although we’re not sure if this reality has sunk in yet with Fain.

  • Fain has since categorized Trump’s blanket tariff announcements as “reckless,” but he still remains in favor of auto industry tariffs and insists that they will bring manufacturing jobs back to the U.S. A few problems could exist with his theory: (1) Factories clearly cannot be built overnight; (2) It’s likely that any newly built plants will be largely automated, a notion that Fain refuses to believe is an issue.

To make matters more embarrassing for Fain, backlash is building within the UAW with a local president pointing out, “When the economy starts tanking, the first thing people don’t buy are cars.” A progressive publication also gathered worker responses including the following: “If the union really was for the workers it wouldn’t be supporting Trump’s tariffs;” “I don’t believe anything Fain says. He got elected and now he has got his;” and “We need to do something about Fain; he is running amok.” 


Still, Fain has found himself steadfastly embracing those tariffs while also  awkwardly lambasting several other labor-involved policies from Trump. It’s also that time of year when Fain’s $229,514 gross salary in 2024 is being reported. Surely, he’s not turning away a paycheck while his members get laid off due to the tariffs that he’s cheerleading. You can bet on that.

Lap by Lap, We’re Building Extraordinary Workplaces – Join Us at CUE in Charlotte!

by Michael VanDervort

If you're in the business of building extraordinary workplaces, then it’s time to rev your engine—because the Spring 2025 CUE Conference is racing into Charlotte, and this year’s theme, "Lap by Lap: Advancing Positive Workplaces," is all about helping leaders level up, one turn at a time.


🗓️ April 27–29, 2025
📍 Westin Charlotte • Charlotte, NC
🔗 cueinc.com/spring2025

What's in the Fast Lane?

You’ll want to be in your seat early Monday morning because Phil Wilson is kicking things off with an opening session you won’t forget. Phil’s the guy behind The Leader-Shift Playbook, and let’s just say—this is not your dad’s leadership manual. It’s fresh, bold, and built for the world we’re actually working in.


And if one dose of Wilson wisdom isn’t enough? Stick around for his exclusive post-conference workshop, where he’ll dive deeper into the Playbook and help you shift your leadership game into overdrive.

Why Attend?

This isn’t your typical HR snoozefest. CUE Conference is where the real ones go to recharge, rethink, and reconnect:


Keynotes + Case Studies from leaders who’ve been through it
Actionable Sessions on labor trends, employee engagement, AI, and culture
Networking with peers who get it—and might just hand you your next big idea
Charlotte Vibes (hello, BBQ + spring sunshine)

Who’s It For?

HR Leaders, Labor Relations Pros, Culture Champs, Operations Heads, and everyone else on the frontlines of people strategy.


Register now at cueinc.com/spring2025. The track is warming up. You in?


Connect and Convert Podcast: Wilson Talks Leadership, Vulnerability, and the Power of Belief

by Michael VanDervort

What happens when you think you're crushing it as a leader... but you're actually just setting up camp on Mount Stupid?


That’s precisely the question Phil Wilson, President and General Counsel of LRI Consulting Services, tackled on this week’s episode of Connect and Convert with Dennis Collins and Leah Bumphrey. And spoiler alert: it’s not just a leadership myth; it’s a trap many fall into. Thankfully, Phil brought the tools (and a whole playbook) to climb out.


🎧 Listen to the full episode here


With his signature blend of honesty, humor, and decades of real-world consulting experience, Phil dropped gems from his new book, The Leader-Shift Playbook, out on April 1, 2025. It’s part personal journey, part leadership field guide—and 100% what every people manager needs right now.


Highlights from the Pod:


The Dunning-Kruger Effect and “Mount Stupid”
Phil kicks things off with a humbling truth: just because you think you're good at leading doesn't mean you are. That confidence-over-competence trap? It’s real. Phil shares his own wake-up call—and how recognizing what you don’t know is the first step toward real growth.


Spotting the Signs of Stalled Leadership
How do you know if your leadership approach is quietly crashing and burning? Phil offers real-talk indicators and explains how intentional connection and communication can steer things back on course.


The “Hero Assumption”
Phil’s hot take? Believe in your team like they’re the next Avengers. Why? Because psychological research shows that when people know you believe they’re capable, they’re more likely to live up to it. No cape is required—just trust, feedback, and clarity.


Embracing Vulnerability
This might be the boldest shift of all. Phil shares how confronting his leadership blind spots wasn’t a weakness—it was the turning point. Vulnerability builds trust, and trust fuels performance. It's not soft; it’s strategy.


The Leadership Toolkit
Alongside the book, Phil unveils a powerhouse set of tools designed to make these leadership shifts stick. Think: exercises, prompts, and repeatable strategies your managers can actually use—because theory without action is just noise.


Why it matters:
In a world where employees crave connection and transparency more than ever, The Leader-Shift Playbook gives leaders the roadmap they didn’t know they needed. This isn’t about flashy titles or feel-good slogans. It’s about practical, sometimes uncomfortable, always honest growth.


Phil's episode is your starting point if you’re ready to ditch Mount Stupid and start leading with clarity, empathy, and effectiveness. And trust us, the book’s just the beginning.

Trump’s EO On Federal Unions Is Seeing A Rare Display Of Bipartisan Pushback

by Kimberly Ricci

We have been invoking the term “chaos” often around here lately, and it’s no wonder why. Trump’s executive order (EO) avalanche has stirred unease from a business perspective over worries that the orders could exacerbate worker anxieties, thereby giving unions opportunities to swoop in. And one of the newest EOs is no exception, as the president has aimed to eliminate collective bargaining for workers of certain federal agencies. In the process, Trump and the Office of Personnel Management signaled that existing contracts for 1 million federal workers are no longer in effect.


The Trump EO in question likely sits on shaky ground, and legal challenges are happening, as we will discuss below, but the order concerns agencies “with national security missions” and claims to find its authority without too much elaboration on why in the Civil Service Reform Act of 1978.


This EO will cover about a dozen agencies, including Immigration and Customs Enforcement, Centers for Disease Control, and Veterans Affairs. The latter, in particular, got namechecked by Trump’s order for filing “70 national and local grievances” against the administration. As the EO states, “President Trump supports constructive partnerships with unions who work with him; he will not tolerate mass obstruction that jeopardizes his ability to manage agencies with vital national security missions.”


This EO language might not be a hit with the entire Republican party. In response, a bipartisan group of House lawmakers has come together for the Protect America’s Workforce Act. The bill is sponsored by GOP Rep. Brian Fitzpatrick, who hopes to persuade Trump to retract his EO, which the lawmakers argue will “unintentionally affect government efficiency and employee morale.”


Also, in response to Trump’s EO, several unions have sued to block the order and have issued statements:

  • National Nurses United called the EO “a clear attempt to intimidate us for standing up against” the administration’s “efforts to dismantle and privatize the VA.”

  • The American Federation of Government Employees declared that the order “represent[s] a clear threat not just to federal employees and their unions, but to every American who values democracy and the freedoms of speech and association.

  • ”The National Treasury Employees Union labeled the order “a brazen, illegal attack on workers.” This union also accused Trump of attempting to shut down the union by ending dues deductions, thereby cutting off revenue.

  • The National Federation of Federal Employees called the EO “an unlawful retaliatory attempt to punish federal employee unions that have been engaging in constitutionally protected speech” and “the most significant assault on collective bargaining rights” in U.S. history.

  • The Service Employees International Union described the EO as “a direct attack not just on federal employees, but on all workers who seek a collective voice to bargain for a better future.”

Of course, this isn’t the first time that Trump has aimed at federal unions. In 2018, an EO sought to limit the “official time” used by federal workers who are union members could devote to representational work. And last month, the Department of Homeland Security moved to eliminate collective bargaining for TSA agents at airports. Whether the new Trump EO survives remains to be seen, but until then, confusion remains.

_

Stories You May Have Missed


Podcast: Secretary of Labor Lori Chavez-DeRemer | Better Bad Ideas w/Sean O'Brien

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 U.S. Supreme Court Temporarily Stays NLRB Board Member Reinstatement; Board to Again Without a Quorum

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"An unlimited piggy bank:" Inside a powerful union’s lavish spending

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As Trump's tariffs take effect, Stellantis announces thousands of layoffs in Canada, Mexico, and the U.S.

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About Labor Relations INK

Labor Relations INK is published weekly and is edited by LRI Consulting Services, Inc. Feel free to pass this newsletter on to anyone you think might enjoy it. New subscribers can sign up by visiting here.


If you use content from this newsletter, please attribute it to Labor Relations Institute and include our website: http://www.LRIonline.com 


Contributing editors for this issue: Greg Kittinger, Michael VanDervort, and Kimberly Ricci.


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About Labor Relations Institute

LRI exists to help our clients thrive and become extraordinary workplaces. We improve the lives of working people by strengthening relationships with their leaders and each other. For over 41 years, LRI has led the labor and employee relations industry, driven by our core values and our proven process, the LRI Way.

 

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