Complaint Review: Scott Brass

I worked second shift as a quality control technician at Scott Brass (700 Union St., Mishawaka IN), from July 23, 2001 until my termination on January 18, 2003. Scott Brass is a brass and copper mill that has internal water treatment managed and maintained by the maintenance department, which is Teamster Local 364 unionized members. This was my third stint working for Scott Brass, and for years the company has forced the non-union quality technicians to sample and test the water for zinc and copper levels due to the fact that maintenance personnel did not have time to perform the task.

After what I was told were threats of fines by the City of Mishawaka for dumping bad water, the company finally posted a union job offer sheet for the position of working with maintenance to treat the wastewater. This job was posted and signed by one of the existing union employees a few months ago (by Mike Johnson - September 2002), and the company accepted this person for the job and he began performing the tasks that same month.

Personally, I was surprised to see the job posting. To me it was an admission that the job was indeed one that should have been performed by a union employee all along. From this point on the quality control technicians no longer required to perform the tasks until, as I was told, this was still not good enough to satisfy the City.

Three tests per day were required, and since Mr. Johnson only worked one shift more help was needed. So again the company turned to the quality control technicians and required us to do testing on the other two shifts.

Knowing it was in fact a union job (and who knows? I may need a strong union someday), I voiced my complaint explaining that the maintenance department should take care of the problem especially since it was a union job and that I (nor any of the quality personnel) are union members. The response I received from my immediate supervisor (quality manager John Kociolek) was just do it.

The following day (January 8) I came to work and was handed a suspension paper for insubordination, stating that neglected to perform the tasks because I did not feel it was my responsibility. The suspension was written up before I ever arrived to work meaning they had no way of knowing whether I had performed the task or not, nor was even asked if I had. I actually had done the task I simply did not write any results down anywhere because the results of the test were good, and because I was not aware of where the paperwork to document the results was located.

On January 18, I came to work and was handed a termination notice stating that again I had not performed my duties. This time it pertained to testing of PH level on a rinse tank at one of the cleaning lines, a task I do every single day without fail. Again I was not even asked if I had done the test (which only takes two minutes), but rather was told that I had not and that this second write-up results in my termination.

In my opinion I was targeted due to the fact I contacted the union about quality personnel doing union work

Additionally, while I was being fired I had asked if there was anyone else I could talk to and was simply told NO. I wanted a discussion with another person and was refused (the only people present was quality manager John Kociolek and I). Is there not a law against this?

WASHINGTON (ELB 2000) - In an extremely controversial 3-2 decision, the National Labor Relations Board ruled that the so-called Weingarten right the right of an employee to be accompanied to a disciplinary interview by a Union representative extends to the non-union setting.

In Epilepsy Foundation of Northeast Ohio, the Board ruled, over the vigorous dissent of Members Hurtgen and Brame, that a non-union employee at a disciplinary interview has the right to be accompanied and assisted by a coworker.

Tim
Mishawaka, Indiana
U.S.A.