What appeared to be another bitter defeat for Facilities Services workers trying to unionize last semester may turn into a victory after the National Labor Relations Board cited Marquette for inappropriate conduct during the election.

The university plans to appeal the findings of the NLRB, according to Director of University Communication Ben Tracy, and the appeal will be sent to the National Union Board.

Mark Maierle, business manager of Local 317, said he would like to see a new vote as soon as possible but said there is not a tentative date for such a vote to take place. Both Maierle and Tracy said the appeal could affect the timetable for a possible second vote.

The supervisors of the workers trying to unionize who were specifically named as engaging in unethical conduct were maintenance coordinators Leonard Jaworski, Terry Manthey, Stephen Kelley and Jeffrey Wollenhaupt. None of the maintenance coordinators named by the NLRB report could be reached for comment.

The election, held Oct. 8, 2003, was contested exactly a week later on Oct. 15. Operating Engineers Local 317, the union the employees were voting to join, filed 23 objections to the election. Of those 23, eight objections were upheld. Objections 20 and 22, regarding threats made to unit employees, were among those upheld. The NLRB recommended there be a second election held immediately.

Maierle said several workers complained they felt bullied and threatened into voting against a union. Maierle also said workers felt their jobs would be threatened if they were to form a union.

"I've been here (a long time) now, and things have gotten worse, not better," said one employee who wished to remain anonymous. "When you have to look over your shoulder all the time and worry about if you're going to lose your job, it's just not fair."

Another worker echoed the sentiments.

"We just want the chance to stand up for ourselves and not be afraid," the employee said on conditions of anonymity.

"A lot of us feel like we're losing ground … all we want is a fair election," a third employee said.

However, not all Facilities Services employees are pleased with the way Local 317 is handling the situation.

"I voted against the union," said an employee in Schroeder Hall. "The union shows up every now and then and tries to get us to vote with them. They never tell us what the benefits of a union would be. They never tell us what they would be bargaining for or how they would be helping us."

Maierle mentioned alleged tactics the university used to sway votes, including threats about employees jobs, threats of working environment changes, promises of benefits to employees and what Maierle referred to as a "captive audience meeting," where employees were tacitly warned of the consequences of voting in favor of unionization. Maierle also said Marquette had posted job openings in the Facilities Services department without telling the employees a few days before the vote.

"This is a very important win for the union, " Maierle said. "We are disappointed Marquette uses these tactics against their workers."

Tracy said the meeting in question was one well within the university's rights to hold and was a standard procedure before a vote such as this one. He also said any other allegations made by Local 317 are "categorically false."

"Mark Maierle has an outside agenda in forming a union here," Tracy said. "Our concern always has been about the employees and the concern of the employees.

"We have always said we would respect the decision of the employees with regards to a union but maintain we do not think one is necessary."

Maierle is hoping that if there is a new vote it will run more smoothly.

"We just want a new election," Maierle said. "A clean and fair election so that the workers can freely make their choice without false information or fear of reprisal."