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Fused Solutions workers' union accuses Potsdam call center of closing as union organizes

Posted 7/1/16

POTSDAM -- The union representing 16 Fused Solutions workers who are about to lose their jobs are accusing the company of closing their call center in response to unionization attempts. On Thursday, …

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Fused Solutions workers' union accuses Potsdam call center of closing as union organizes

Posted

POTSDAM -- The union representing 16 Fused Solutions workers who are about to lose their jobs are accusing the company of closing their call center in response to unionization attempts.

On Thursday, Fused announced to their employees they would close their Potsdam call center, leaving their SpiceCSM “platform technology” business open. Read more about that here.

“Since 2012, Fused Solutions and its' CEO Michael Ryan has ignored the rights of workers to organize and form a union. From the day employees at Fused Solutions voted to join UFCW District Union Local One, the employer has delayed the process using every filing and appeal possible,” said Gregory Gorea, executive assistant to the president of UFCW District Union Local One, in a prepared statement.

“Now that the National Labor Relations Board and the D.C. Circuit Court of Appeals has ordered Fused Solutions to both recognize and bargain an initial collective bargaining agreement with a negotiating committee comprised of Fused Solution employees and representatives of Local One, Mr. Ryan announces the surprise closing of the facility at Potsdam after the recent commencement of bargaining in May.”

On Thursday, Ryan denied the sale was related to employee unionization attempts and disputes over the past four years or to the recent certification of a union at Fused Solutions.

"Something smells in Potsdam, and the timing of this announcement is suspicious at best. A company has every right to close its doors. However, under federal law they can not avoid their legal obligations and use a facility shut down as a pretext to avoid those obligations." said Gorea. "We will explore every legal remedy and will ask the NLRB to investigate this dubious 'closing.’”

The union has a four-year history of filing litigation against Fused on behalf of the workers, according to documents posted on the National Labor Relations Board website.

The union alleges “Refusal to Bargain/Bad Faith Bargaining (including surface bargaining/direct dealing)” in a dispute filed June 17, 2016, NLRB website says. That case remains open.

“Mr. Ryan is apparently under the impression that his announcement ends the four-year litigation against the company; this may only be the beginning,” Gorea said. “Fused Solutions has lost every appeal at the National Labor Relations Board and the DC Circuit Court of Appeals, and we think this 'closing' will be another lost cause for them.”

Other charges lodged against Fused by the union with the NLRB include:

• Filed Sept. 4, 2013, alleging "refusal to bargain/bad faith bargaining". It was closed Oct. 17, 2013 after being dismissed.

• Filed March 5, 2013, alleging "refusal to bargain/bad faith bargaining". It was closed April 30, 2013. Relevant documents are only available through a Freedom of Information Act request.

• Filed Feb. 15, 2013, "alleging refusal to bargain/bad faith bargaining" and "refusal to furnish information". It was closed May 27, 2016. The closing letter is only available through a Freedom of Information Act request.

• Filed Dec. 19, 2012, alleging "refusal to bargain/bad faith bargaining" and "discharge (including layoff and refusal to hire)". It was closed May 1, 2013. Relevant documents are only available through a Freedom of Information Act request.

• Filed Aug. 1, 2012, alleging "discharge (including layoff and refusal to hire)". It was dismissed Sept. 11, 2012.

• Filed June 1, 2012, alleging “coercive actions (surveillance, etc)”. It was dismissed Sept. 11, 2012.

The cases are available at https://www.nlrb.gov/search/cases/Fused%20Solutions.