In November 2023, workers at Smurfit Westrock in Salinas voted to switch their union representation to Teamsters Local 856. Days after the election, two of the company’s longtime workers who were active in the campaign were fired.
In a filing by Christy Kwon, the regional director for the National Labor Relations Board Region 32, which conducted an investigation after workers filed a complaint with the federal agency, union representatives state they believe the firing was made in retaliation and a way to discourage other workers from getting involved.
Around the same time, the employees’ healthcare plan changed, which raised rates for the workers and offered fewer benefits, according to the filing.
After a months-long investigation, NLRB staff determined there was enough evidence to support the union’s claims of unfair labor practices. The NLRB has now become the lead prosecutor on the case, and this week, both parties are making their case to an administrative law judge in Seaside.
Tuesday, May 13 was the first day of the hearings at the Monterey College of Law, where both parties made their opening statements and began presenting evidence. Earlier in the morning, the courtroom building was empty, save for the attorneys on both sides, the judge and a courtroom reporter. Later in the day, about 20 workers staged a rally at the building, holding signs calling for “affordable healthcare” and an end to “unfair practices.”
Westrock manufactures paper and packaging materials worldwide. Its Merrill Street location in Salinas specializes in corrugated packaging, used primarily for agriculture operations.
A spokesperson for Westrock says the company typically does not comment on pending court matters.
Ritchie Andazola, a negotiator with Teamsters, says the union is seeking reinstatement of the two workers who were fired – Frank Pulido and Jesus Felix. It also wants to see a health plan that is the same or very similar to the previous offering, where the employer paid 80 percent of the premium and the employees paid the rest.
Andazola says of the roughly 110 employees at the company, nearly 40 have no medical insurance through the employer because they can’t afford the rates. Others are having difficulty paying for medication for their family members, most of which was covered with no out-of-pocket pay under the original insurance, according to Andazola.
In the courtroom, Mark Keenan, the attorney representing Westrock, said during opening statements that it was “impossible” to maintain the same insurance, as the previous union representing the workers, District Council 2, notified the company on Nov. 6, 2023 that it was canceling its insurance immediately. Westrock then put the employees on an interim plan as it negotiated with Teamsters, according to Keenan.
Addressing the firings, Keenan said Pulido “berated” a manager as he filed a workers’ compensation claim for his fellow worker, leading to his dismissal. Felix “screamed” and “grabbed” at a District Council 2 representative on site handing out leaflets, Keenan said. (Union representatives dispute that description of the interactions.)
The hearings are expected to wrap up by May 16. The judge will then make a decision at an unknown date.
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