In Shocking Move, NLRB Seeks Smaller Remedy Against Keurig Dr Pepper in Consolidated ULP Cases

Labor Board Fails to Request Restoration of Status Quo for SSR Elimination

In September, Region 13 of the National Labor Relations Board found merit with several unfair labor practice charges filed by Teamsters Local 727 against the American Bottling Company, a Keurig Dr Pepper subsidiary.  In light of the Labor Board’s recent upholding of Local 727 as the sole collective bargaining representative for Northlake-based Sales Service Representatives (SSRs) and Account Managers (AMs) and Keurig Dr Pepper’s uncooperativeness and unwillingness to resolve the meritorious ULP charges, the NLRB issued a consolidated complaint against Keurig Dr Pepper just this week.  Though the NLRB set a hearing date for the case of February 19, 2020, the Labor Board has indicated that these charges may be held in abeyance for processing of a separate complaint related to Keurig Dr Pepper’s refusal to recognize and bargain with the Union.

Upon receiving the NLRB’s complaint, Local 727 was shocked to see that Region 13 had, unbeknownst to the Union, changed the remedy sought for the SSR elimination.  Despite specifically informing the Union that the Region would pursue both a full make-whole remedy and a restoration of the status quo that would reverse the elimination of SSRs, Region 13’s complaint seeks neither.

Instead, the consolidated complaint merely requests a Transmarine remedy over the SSR elimination and the Company’s failure to engage in effects bargaining.  Such a remedy would not require a return to status quo and could limit any monetary remedy to two weeks.

Local 727 filed a request to appeal Region 13’s decisions.  The Union will continue to demand the Labor Board pursue the remedy it promised and order Keurig Dr Pepper to restore and make fully whole all SSRs.

“While merit finding on any charge against this horrendous Company is helpful, we are appalled and disappointed by Region 13’s refusal to pursue an appropriate remedy, but we will not be deterred.  This fight isn’t over,” said John Coli, Jr., Secretary-Treasurer of Local 727.  “We will fight for an appeal and, whether the Union has the NLRB’s help or not, we will fight at the bargaining table for Keurig Dr Pepper to make this right.”

Anyone with questions should contact Local 727 Lead Business Representative Caleen Carter-Patton at (847) 696-7500 or [email protected].

Nothing in this article should be read as the union’s waiver of any legal argument, position or grievance(s), or as a waiver of any rights, arguments, or defenses under any contract, collective bargaining agreement, or applicable law.  The union does not forfeit its right to make any and all supplemental arguments.

Category: BEVERAGE