Sorrento Workers Resume Lawsuit Against UNITE
The former employees of Sorrento Coats Inc., a now-shuttered outerwear manufacturer in San Bernardino, are continuing their civil action against Union of Needletrades, Industrial and Textile Employees (UNITE) for breaching the duty of fair representation owed to the company’s employees.
On Dec. 2, the Ninth Circuit Court of Appeals will hold a hearing to determine whether it should overturn the district court’s order granting summary judgment to UNITE and send the case back to district court for jury trial.
The case involves a former union steward and 24 co-workers, who claim UNITE failed to act on behalf of the employees. They are seeking an unspecified amount in damages from UNITE as a result of lost wages, according to Linda S. Klibanow, the attorney who represents Sorrento’s former employees.
Prior to the company’s closure in 1998, several employees filed a petition against the union, seeking to decertify their union representation. The National Labor Relations Board ruled twice as part of a “no-fault” settlement that the company would continue to recognize and bargain with UNITE, although Klibanow says “more than the majority” voted to decertify.
Several workers claim there was no open election for union representation, and many were told by UNITE’s agents that they had to join the union if they wanted to continue their employment, said Klibanow. One worker who attempted to obtain office in the union was disqualified on the eve of the election.
Further claims by employees that UNITE is responsible for forcing Sorrento out of business by withholding its work supply and not acting in the interest of its workers will also be examined at the hearing.
Klibanow said the company’s union association mired its business.
“The company lost work because there were only a few jobbers who were willing to work with a unionized company.”
Representatives for UNITE Southern California did not return phone calls by press time. “Plaintiffs’ attorneys have repeatedly made this type of accusation without any evidence to support them,” said Della Bahan, an attorney representing UNITE. “After plaintiffs were given every opportunity to prove their claims, the trial judge not only dismissed their case but awarded UNITE its cost as well. UNITE is confident it will prevail before the Court of Appeal as it has before the National Labor Relations Board and the trial court.”
