Northwest labor press. (Portland , Ore.) 1987-current, October 17, 2014, Page 2, Image 2

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    Judge orders Edwards to rehire fired workers
(From Page 1)
working conditions would improve if
they removed their union t-shirts. They
told workers the union is mafia, an or-
ganization trying to steal their work,
and ordered workers not to hand out
union fliers at a work site. They called
the police because employees were dis-
tributing union fliers, ordered union
supporters off the property while other
employees stayed behind, and told
workers the company is not and would
never be a union shop. They told job
applicants that the company doesn’t
hire union painters. They hired less-
qualified nonunion applicants after re-
fusing to hire qualified union appli-
cants. They isolated pro-union workers,
failed to assign work to them, and ter-
minated four employees for engaging
in union activity. They even opposed a
fired employee’s claim for unemploy-
ment benefits, after swearing he wasn’t
fired, just laid off for lack of work. And
that doesn’t even touch on the drug use
accusations and the death threat and
biker gang connections, none of which
the Edwards were accused of but which
featured in the case.
The story began in the summer of
2013 when the vehemently anti-union
business — and low-road employer —
unwittingly hired a union organizer and
three other union members. The whole
saga is detailed in the 48-page legal de-
cision.
You might be tempted to feel bad for
the Edwards clan. They did a bad thing
or 18, but they’re not bad people. They
didn’t know the law. They’re a con-
struction firm without a written drug
policy. They don’t keep any formal at-
tendance records or even personnel
files or written records that document
the reasons for employee discharges.
But in court, ignorance of the law is
no defense. And the Edwards’ lawless-
ness continued well into the courtroom.
Gene Edwards shredded a document he
was subpoenaed to provide. He lied un-
der oath to a federal judge, or rather, as
that judge politely put it: “I found Gene
Edwards to be a particularly hostile wit-
ness whose testimony was marked by
inconsistency with his Board affidavit
and his own testimony at the hearing.”
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On Oct. 13, union painters hold signs outside the South Waterfront headquarters of Reach CDC, a non-profit
developer of low-income housing. Reach hired general contractor R&H, which hired Edwards Painting.
But the son outdid his father:
“I found Grant Edwards to be one of
the most incredible witnesses I have ob-
served in over 29 years as a judge,” Mc-
Carrick wrote. “His testimony was
given in a painfully halting manner
with minutes passing between question
and answer, giving the observer the im-
pression that he had no recollection of
events whatsoever. He repeatedly
looked to his father, who was sitting at
counsel table, as if to have him provide
the proper response. His testimony
lacked any specificity and was charac-
terized by his inability to recall events
of even a few days past.”
As of press time, Edwards Painting
had not complied with any elements of
the judge’s order. All seven fired work-
ers or discriminated-against applicants
told the NLRB they want reinstatement
or instatement.
Edwards works for prominent gen-
eral contractors including R&H, Walsh,
and KeyWay. Members and staff of the
Painters Union District Council 5 re-
Mon-Fri 9-6, Sat 9:30-5:30, Sun 12-6
acted to the order with a stepped-up
campaign to inform developers that
they’re employing a company that vio-
lates federal labor law. On Oct. 13,
union painters chalked the sidewalk
and held signs outside the South Water-
front headquarters of REACH CDC —
a non-profit developer of low-income
housing. REACH hired general con-
tractor R&H, which hired Edwards
Painting as a painting subcontractor.
140
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NORTHWEST LABOR PRESS
OCTOBER 17, 2014