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Workers at Asplundh Tree Expert Company in Houston exercise their rights to be represented by the IBEW.

December 2001 IBEW Journal

Asplundh employees voted 198-64 July 12 for the right to a union contract and did so in the face of intense company pressure and intimidation.

For years, Asplundh workers in Houston have been subjected to flagrant Wage and Hour violations such as being forced to dump tree trimmings on their own time without pay. In early 2001, they asked for help from IBEW Local 716.

Local 716 Organizer Jack Smith and Business Manager Daniel Lord helped employees file a petition for an election.  Since the majority of employees were Hispanic, local union secretary Gabriella Campbell aided by serving as an interpreter for members of the unit who speak little English. In May, seventh district International Representatives Tim Bowden and Fernando Huerta came on board to help. During the days leading up to the election, three teams of housecallers worked the Houston area.

Meanwhile, Asplundh management did everything it could to keep the union out. Coercion and intimidation were routine and several employees were fired for their union activity. Asplundh managed to delay the outcome for three months with Unfair Labor Practice (ULP) charges filed just two days before the election claiming the IBEW had coerced and intimidated employees.  

The National Labor Relations Board (NLRB) dismissed the charges, but a company appeal to the full board in Washington, D.C. brought an NLRB decision to let the election go forward but with the ballots impounded until the charges could be investigated. The NLRB threw out the charges and finally, almost three months after the vote, the ballots were counted on October 3. The NLRB has now certified the results.

The day following the ballot count, the company fired two union voting observers. Several ULP charges have been filed by the IBEW for the terminations during and after the campaign. Also, the IBEW has filed a federal lawsuit against the company for violation of wage and hour laws.

"These folks were an inspiration," said newly elected Local 716 Business Manager John Easton, Jr., "the objective now is to gain a good contract for Asplundh employees."

The outcome has prompted several other Asplundh units to seek union representation. Petitions for elections have been filed in El Paso and Florida.

Asplundh Workers say Union Si!