The National Labor Relations Board has dismissed charges against JBS and United Food and Commercial Workers local 1149 leadership.
JBS employee Mang Po brought charges against the plant in August alleging union and plant leaders were discriminating against non-English speaking employees by not informing them of their rights to abstain from union activity.
The NLRB's regional director dismissed the case Sept. 21 not only because investigators were unable to find substantial evidence of wrong doing, but also because Po's lawyers failed to meet the filing deadline, according to the decision.
Charles Chemlock, the NLRB investigator in charge of the case, said he could not discuss the details of the investigation, but did confirm that the NLRB had dismissed the charges.
Earlier in August, as part of a settlement agreement resulting from a similar claim, the NLRB required the plant to post a memo stating it will not interrogate employees about anti-union activity.
"I wouldn't say it's a rash of complaints," said Nick Boulton, lawyer for the UFCW local 1149, when Po brought his charges. "We don't feel like we have committed a lot of violations."
Boulton said the union is committed to making sure members get full representation.
Mike McQuade, human resources director at JBS, said he doesn't understand why Po named the plant in the suit.
Po has until Oct. 5 to file an appeal should he opt to continue to pursue charges.
Anthony Reidel, Po's attorney with the National Right to Work Foundation, did not return a call as of press time regarding future legal action.