NLRB Rules TruStage Violated Federal Labor Law

The National Labor Relations Board (NLRB) confirmed Monday that it found merit to one allegation that TruStage, formerly CUNA Mutual Group, failed to provide information during labor contract negotiations with the Office and Professional Employees Union (OPEIU) Local 39, which represents roughly 450 TruStage employees.

Though TruStage did not specifically deny this violation of federal labor law and the union’s collective bargaining agreement, the Madison, Wis.-based company said in a prepared statement, “We have never and will never work against our employees’ best interests or negotiate in a way that is counter to our company’s core values.”

The NLRB determined TruStage violated one statute for bad faith bargaining, of which it found merit in two of the allegations, the union said.  Specifically, the two allegations involved TruStage’s failure to produce information it is legally required to provide to the union for representation and in defense of its labor contract, according to OPEIU 39.

These allegations and at least four other claims were made in an unfair labor practice (ULP) charge filed with the NLRB by the union against TruStage on Feb. 8. TruStage, however, said it was informed that the NLRB is not pursuing four other allegations made by the union.

“They (TruStage) are required to provide information to the union whether the union is performing maintenance of contract reviews or for suspected contract violations,” OPEIU 39 President Kathryn Bartlett-Mulvihill said in a prepared statement on Thursday after the union was informed of the NLRB’s merit finding during a phone call on Wednesday, July 12. “In our negotiations, they have withheld information we have a right to for the purposes of bargaining a fair contract and to ensure our members are not harmed while bargaining a new contract.”

When the NLRB investigation finds sufficient evidence to support the allegation, every effort is made to facilitate a settlement between the parties. If no settlement is reached in a meritorious case, the agency issues a complaint, which is heard before an administrative judge.

What’s more, it is not exactly clear how many allegations against TruStage are involved in the Feb. 8 ULP charge.

“The NLRB has asked if the company would be willing to produce information that was part of the charge, and we are cooperating,” TruStage Spokesperson Barclay Pollak said in an email statement. “The NLRB informed us they are not pursuing the other four allegations in the February 8th charge at this time.” However, Pollak also said that in relation to the Feb. 8 ULP charge, TruStage was questioned about six allegations.

But in an email to CU Times on Monday, the NLRB said its Milwaukee office is still investigating other allegations in the Feb. 8 ULP charge.

The union has filed nine additional ULP charges that are awaiting decision by the NLRB, including bad faith bargaining; retaliation against union members; illegal surveillance; withholding information and termination of the Union’s chief steward, Joe Evica.

TruStage has denied all of these ULP charges.

“TruStage takes the bargaining process seriously and aims to negotiate in good faith with our employees’ interests top of mind. “We want our employees to have a fair and market-competitive agreement,” TruStage said in its prepared statement. “We ask union leaders to come to the negotiating table in good faith so that we can come to an agreement that is fair and market competitive to the members they represent.”

Although the union said negotiations are ongoing, TruStage would not confirm whether talks are occurring.

To step up pressure against TruStage to negotiate a new collective bargaining agreement, the union said it is organizing a march and rally on July 29 in Madison.

Labor negotiations began in early 2022 before a collective bargaining agreement expired on March 31. However, talks broke down in January 2023.

The union began its strike on May 19 and continued to walk in a picket line in front of TruStage’s headquarters through June 4 when the strike ended. Although the union initially said the strike was suspended, it was actually called off after the OPEIU 39 cited positive movement in negotiations during the work stoppage. Nevertheless, the union said TruStage immediately relapsed to its previous behavior of not negotiating in good faith. TruStage has denied this claim saying that it has offered numerous proposals and bargaining opportunities.