Workers Seek Decertification of UFCW After Year Without Contract; UFCW Does Not Challenge
An effort to unionize workers at Werner Enterprises has ended, as the United Food & Commercial Workers (UFCW) has chosen not to contest a decertification initiative by a group of employees at three New Jersey facilities—Cinnaminson, Hamilton, and Piscataway—affiliated with ECM, a Werner subsidiary. This decision was confirmed by Mike Thompson, who led the UFCW Local 152 unionization campaign.
The decertification vote allows workers to express their desire to dissolve the union, irrespective of when it was initially approved—in this case, just a year ago.
Among the three locations, the number of workers total only about 16, which is quite small compared to Werner’s overall workforce of nearly 14,000. In its recent 10-K report to the Securities and Exchange Commission, Werner noted that the unionization efforts involved fewer than 30 employees. Specifically, the ECM drivers at these three New Jersey facilities are part of a larger fleet of 500 drivers.
Werner acquired ECM, a regional carrier, in 2021. Organizing truckload carriers presents unique challenges due to their dispersed operations, often involving fewer terminals and drivers who are frequently on the road for extended periods.
Despite these challenges, workers at the three New Jersey facilities voted to join the UFCW in a significant move for a truckload carrier. CEO Derek Leathers notably engaged with the ECM workers prior to the vote, making this matter of importance to Werner, especially since there are no other unionized employees within the company. The UFCW secured union representation with a 17-8 vote, and the union was officially certified on September 1, 2023.
However, just over a year later, a petition for decertification was filed with the National Labor Relations Board (NLRB) by a group of ECM workers—not by Werner. The process moved quickly; the petition was submitted on September 11, and just one week later, the NLRB noted that the UFCW had filed a “disclaimer of interest” regarding the decertification efforts.
The NLRB’s ruling stated, “No evidence has been presented that the Union is acting inconsistently with its disclaimer,” leading to an official decertification as no issues concerning representation remained among employees.
Previously, Thompson had indicated that negotiations for an initial contract were progressing, albeit slowly. However, after the one-year mark passed, the possibility for decertification became real.
Thompson noted, “I would say the company did a very good job of dragging the process out long enough to reach that year mark, allowing workers to file a petition to change their minds.” He acknowledged that the union failed to meet the workers’ expectations within that timeframe.
In a response, a Werner spokeswoman defended the company’s negotiation efforts, stating they had acted in good faith. “In the year since the election, we have cooperated and negotiated with the Union in good faith, provided requested information promptly, and were willing to make concessions to best serve our professional drivers,” the company explained.
Regarding the UFCW’s decision not to contest the decertification petition, Thompson mentioned that some workers were concerned about their votes being identifiable, even though the voting process is confidential. “In the end, we felt it better not to put them through this if that’s how they felt,” he added. He also highlighted that workers had not yet begun paying dues to the UFCW as no contract had been finalized.
While he had previously attempted to organize other ECM terminals, those efforts were unsuccessful. Werner noted in its statement that the number of drivers potentially under union representation had dropped to fewer than 26 due to attrition and changing market conditions. Drivers involved in the decertification efforts were part of the same group that previously voted to unionize.
Although the union’s previous voting outcome is not known, the UFCW likely anticipated losses in a new election, influencing its decision not to challenge the decertification.
Moving forward, Werner indicated it is “taking steps to evolve the driver experience at ECM,” including unspecified adjustments to leadership within the transportation and operations teams to better support their drivers while ensuring safety and customer service.
