FUYAO MUST HAND OVER EMPLOYEE DOCUMENTS
NLRB must receive specific documents in the case by March 26.
A court last week gave Fuyao Glass America 21 days to respond to a National Labor Relations Board’s request for employee records.
Spurred by a United Auto Workers complaint, in November 2016 the NLRB asked a federal court in Dayton to order Fuyao to provide documents in an investigation of the company.
An attorney for Fuyao at the time called the subpoena for information too broad, calling it a “fishing expedition.”
In May 2016, the UAW filed a charge against Fuyao with the NLRB, alleging that the company discharged an employee, Adam Moffitt, “because of his support” for the union. In 2017, the UAW fought and lost a representation campaign to form a local unit at Fuyao’s Moraine complex.
The Fuyao workforce rejected the UAW’s bid by a 2-1 margin.
But well before that election, in late 2016, the NLRB filed a request in federal court, asking that Fuyao be made to provide employee records. The NLRB was investigating whether the company disciplined or punished other UAW supporters or treated employees who didn’t support the union differently.
Now, the case appears to be approaching some kind of resolution.
During legal hearings in the case, a former human resources executive at the firm, Eric Vanetti, argued that about 800 people worked in the plant’s ARG (After-market Replacement Glass) department at one point, which made producing detailed records difficult.
According to a court filing, Vanetti at one point said he “inherited a mess” when he joined Fuyao. However, the court found that producing records for employees supervised by one particular supervisor would not be “unduly burdensome.”
“Fuyao is pleased that the court concluded that the National Labor Relations Board’s original subpoena was overbroad,” said Columbus attorney Michael Short, who represents Fuyao in the case. “Fuyao continues to work with the NLRB to assist it in concluding its investigation.”
U.S. District Court Judge Walter Rice ordered Fuyao to produce to the NLRB contact information, attendance records and all discipline and discharge records for all employees who worked in the Moraine plant’s ARG department under the supervision of Dondi Osgood since Sept. 1, 2015.
The order was filed March 5, meaning the documents are due March 26.
An attorney for the NLRB referred questions to the NLRB.
Fuyao has about 2,000 employees at its Moraine plant, which it calls the largest auto glass production facility in the world.