Kumho Union Election Legal Timeline

February 2, 2021
Kumho files Request for Review of the Regional Director’s Certification Decision 

January 20, 2021
NLRB Certifies the USW Union, Rejects Kumho’s Objections

  • Regional Director agrees with Hearing Officer that all of Kumho’s objections should be overruled
  • NLRB officially certifies the United Steelworkers union, Kumho has a legal obligation to bargain with workers and the union

November 24, 2020
Kumho Appeals Hearing Officer’s Decision on Objections

  • Kumho filed exceptions to the decision, sending it to the NLRB Regional Director to review
  • The Regional Director will review the decision and all previously filed documents

November 10, 2020
NLRB Hearing Officer Rejects Kumho’s Objections

  • The Officer determined that one company witness fabricated testimony and scolded Kumho for presenting “nonsensical” evidence and making allegations that were “wholly without merit”
  • The Officer recommended overruling all of Kumho’s objections and certifying the union

October 8, 2020
NLRB Rules Kumho Responsible for Serious Illegal Actions in 2017 Union Election

  • Kumho violated the law by illegally threatening workers during the first election in 2017
  • Management was forced to read a statement to all Kumho employees -  with a union representative present - acknowledging their misconduct

August 18, 2020
Kumho files objections to the union election with the NLRB

  • The USW dropped our objections in order to be able to move forward toward union certification
  • The NLRB held a hearing on the objections Sept 30-Oct 6

August 11, 2020
National Labor Relations Board Counts Ballots - Union Wins!

  • The NLRB counted the remaining ballots on a video call with representatives from the USW and the company
  • The total vote count, including the final ballots, is 145 votes for the union and 144 against
  • The company has a legal obligation to bargain with workers and union

July 17, 2020
National Labor Relations Board Denies Request to Review Prior Decision

  • The NLRB denied requests to review the Regional Director’s decision, meaning that decision will stand
  • The Board will open and count the challenged ballots on August 11, 2020
  • The count will happen virtually on a video call with observers from both the union and company

April 2, 2020
Kumho Requests Review of Regional Director’s Decision

  • Kumho wants the full National Labor Relations Board to review the decision
  • The Union also asked for review of certain parts to make sure our case stands strong
  • Next the NLRB will decide IF they will review all or part of the decision - or let the Regional Director’s decision stand as final

March 6, 2020
Regional Director’s Decision

  • All of Kumho’s challenges were denied again
  • Company and Union have 14 days to ask for review of this decision by the NLRB in Washington, DC 

January 15, 2020
Appeal of Hearing Officer’s Decision

  • Both Kumho and the union filed exceptions, sending the case to the Regional Director

December 30, 2019
Hearing Officer’s Decision

  • All of Kumho’s challenges were denied

September 5-6, 2019
Union Election

  • 141 votes for the union, 137 against and 13 challenged ballots that have not been opened.
  • A Hearing Officer was assigned by the National Labor Relations Board (NLRB) Region 10 to investigate the challenged ballots and determine if they should be counted.