NLRB Withdraws Labor Complaint Against TruStage, Other Investigations Continue

The National Labor Relations Board has dismissed an unfair labor practices complaint against TruStage, formerly CUNA Mutual Group, but the federal agency is not letting the insurance company completely off the hook yet over an allegation that it failed and refused to provide information to the labor union, which represents some 450 TruStage employees.

In July, the NLRB confirmed that it found merit to one allegation that TruStage failed to provide the Office and Professional Employees International Union Local 39 with information during labor contract negotiations, a violation of labor law.

That finding was followed up in early August, however, by an NLRB letter obtained by CU Times. The letter was written by NLRB Regional Director Jennifer A. Hadsall in Milwaukee and addressed to (OPEIU 39) attorney Eduardo F. Castro in Madison. The letter stated portions of the charge alleging TruStage violated the Labor Act by unilaterally changing terms and conditions of employment and failing to bargain have been withdrawn.

“The balance of the charge, alleged the Employer (TruStage) failed and refused to provide information, remains outstanding,” Hadsall wrote.

However, she added that further proceedings on the arguably meritorious allegations that TruStage failed and refused to provide the union with information, which was disclosed during NLRB’s investigation, are not warranted at this time.

“I have conditionally decided to dismiss (the union’s) charge six months from this (letter’s) date,” Hadsall wrote. “Your (the union’s) charge alleges the Employer failed to provide certain information to which the Union was entitled while pursuing a grievance about a certain issue. I have conditionally decided to dismiss because the Employer has provided the necessary information. If a meritorious charge involving other unfair labor practices is filed against the Charged Party (TruStage) during that period, I will reconsider whether further proceedings on this charge are warranted.”

“We do not see this as a setback,” Joe Evica, who is OPEIU’s chief steward, said. “It is simply a first step in the process of multiple impending ULP [unfair labor practices] charges, which we expect will demonstrate TruStage has repeatedly violated federal labor law.”

Evica explained that the NLRB gave a “merit” dismissal after TruStage handed over the required information, meaning that the federal agency will be watching how TruStage responds to the union on future information requests. What’s more, if TruStage refuses to furnish information that is requested by the union, the NLRB will issue a charge against the company, according to Evica.

“The NLRB would also consider re-opening this case in the event TruStage is found to have failed to provide information on subsequent pending charges,” he said. “Merit dismissals are common in the event of a first offense for this type of violation. Our Union has multiple ULP charges still pending determinations — including other violations surrounding failure to provide information.”

The NLRB website showed the union has filed nine additional ULP complaints that are pending against TruStage.

On Aug. 2, the union and TruStage held a bargaining session via the Federal Mediation and Conciliation Service (FMCS) platform.

“At our last meeting, we offered two package proposals as a fair compromise to move the bargaining process forward. The Employer informed us last night that they reject them both,” the union said in a prepared statement on Aug. 3. “They made zero movement on all economic and benefit proposals, except to offer a small increase to the recognition bonus.”

The union claimed TruStage continues to follow its tired strategy of making minimal movement and ignoring the key priorities that the union membership identified at the beginning of the collective bargaining process more than 500 days ago.

TruStage sees the bargaining process differently.

“We are encouraged by progress in recent weeks,” the company said in a prepared statement regarding the Aug. 2 bargaining session. “From the start of the bargaining process, TruStage has negotiated with our employees’ best interests in mind. We want our employees to have a fair and market-competitive contract. We intend to continue working with the union to complete a fair deal on behalf of the employees they represent.”

Labor negotiations began in early 2022 before the collective bargaining agreement expired on March 31. However, talks broke down in January 2023. The union began its work strike on May 19 and continued to walk in a picket line in front of TruStage’s headquarters in Madison through June 4 when the strike ended. Although the union initially said the strike was suspended, it was actually called off after OPEIU 39 cited positive movement in negotiations during the work stoppage. Nevertheless, the union alleged TruStage relapsed to its previous behavior of not negotiating in good faith. TruStage, however, has said it is bargaining in good faith and accused the union of making repeated false claims.

Last month, the union created a new website that is collecting funds to support TruStage employees should the union membership decide to call a second work strike.

Both sides are scheduled to return to the bargaining table on Aug. 22, according to the union.

READ MORE: The full letter from the NLRB.