JEFFERSON CITY — The former data director for Missouri Democrats says he is in settlement negotiations with the state party after the National Labor Relations Board found merit to his unfair labor practices charge.
The charge, filed last December by Ben Conover, 29, of St. Louis, accuses Missouri Democratic Party leaders of breaking federal labor law by suspending and firing him to “discourage†protected union activities.
The NLRB’s decision to proceed with Conover’s case may represent a precedent-setting action for the board, which at least as recently as 2017 said it “has never addressed jurisdiction over political parties.â€
The case is also part of a larger conflict playing out within the state party, as former employees accuse leaders of trying to sabotage a unionization effort last year even as Democrats actively courted support from organized labor.
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This continued clashing comes as Democrats scramble to organize ahead of the November 2022 election; the GOP controls all but one statewide office in Missouri and commands two-thirds majorities in the Legislature.
Conover filed the charge five months after party leaders suspended and terminated him. He said he was a leader during bargaining talks and was suspended as the party and staff entered financial negotiations.
Conover provided communications from a field examiner working on his case indicating the NLRB was moving forward with the charge he filed.
According to those communications, the official emailed Conover on Aug. 9 to say her boss was “seeking guidance†from the NLRB’s Division of Advice on whether to “assert jurisdiction over a political party since there isn’t case law on that issue.â€
The examiner emailed again on Aug. 20 that the Division of Advice is “recommending we proceed on your case.â€
According to the NLRB , when the board “finds sufficient evidence to support†a charge, “every effort is made†to reach a settlement.
Conover said on Friday he had received a proposed settlement agreement from the NLRB.
An NLRB representative declined to comment on the ongoing case.
A spokeswoman for the Missouri Democratic Party, after saying Thursday the party was in negotiations over the case, did not comment Friday on whether the party had received a proposed settlement.
Bailey Netsch, spokeswoman for the Missouri Democratic Party, said in an email Thursday it was “inappropriate†to comment on pending litigation but confirmed negotiations were taking place.
Netsch did not answer a question about whether party attorneys had argued against the NLRB asserting jurisdiction in the case.
Unionization talks
Conover said that bargaining unit members were pushing for unionization early last year and that Democratic Party leaders voluntarily recognized the staff union in February 2020.
Conover was motivated to unionize, he said, in part to “live out the values of the party.â€
“We say that we’re the party of working people,†he said. “It just seemed to be an ideal fit.â€
Voluntary recognition followed a card campaign that received support from 14 out of 15 eligible employees, Conover said.
He said “immediately†after requesting voluntary recognition, the staff received emails from then-party Executive Director Lauren Gepford describing “significant changes†to staff work assignments, potentially constituting an unfair labor practice.
Gepford declined to comment on that but said party leaders never tried to bust the union or discourage unionization.
“No, that’s a definite misinterpretation,†Gepford said. “That’s a Twitter phenomenon.â€
Conover said he was fired in July 2020 as the party’s staff union began to bargain with party leaders over finances. He said he was one of the leaders at the negotiating table.
Conover said that beyond higher salaries and better benefits, employees were pushing for continuity among staff so the party didn’t have to rebuild every election cycle.
Terminated
While Conover was fired in July, other unionized Missouri Democratic Party staffers found themselves out of jobs days before Christmas, one former party employee told the Post-Dispatch.
Jordan Hunt, 35, of Kansas City, the former finance director for the party, said newly elected Missouri Democratic Party Chairman , who is also St. Louis recorder of deeds, terminated her and other staff in December.
“We all got phone calls from Michael Butler saying that this was our last day and that we’d be paid through the end of the year but that no more work would be performed,†Hunt said.
She said “union employees all suspected†Butler was attempting to “get rid of the union.â€
Gepford, who left the party early this year, said the December firings included five full-time staff and two part-time fellows. Gepford and communications director Andrew Storey, who weren’t in the bargaining unit, were the only two employees remaining after the terminations, she said.
“I don’t know the reasoning behind that, to be completely honest,†she said in regard to the end-of-year firings. Asked if she knew whether it was an attempt to bust the union, she said, “I do not.â€
Netsch, spokeswoman for the Missouri Democrats, blamed the end-of-year firings on the cyclical nature of campaigns.
“It is normal for the state party to downsize after an election cycle, as it has for decades,†she said.
Hunt noted one of the union’s goals was to end the “churn and burn†cycle among party workers. She said staff members were given no guidance on their future employment following the 2020 election.
“We just kept working and so we had no idea that we were going to be fired, certainly not so unceremoniously,†Hunt said.
Hunt said cleaning house at that point was a “poor choice,†leaving end-of-year tasks unfulfilled.
“As the finance director, it was my job to fundraise,†Hunt said, calling end-of-year efforts a “massive deal.â€
She criticized current public-facing work — such as news releases and emails — coming from the party.
“None of it follows standard best practices,†Hunt said, referencing one tweet, for example, that mentioned “lawyer costs†instead of “attorney fees†or “legal fees.â€
Woke up one morning and decided to file a lawsuit against his own MO schools…Then, why not sue Biden, too!
— Missouri Democrats (@MoDemParty)
More money meant for the American people down the drain bc of lawyer costs.
Hunt said the party appears to be hiring staff but is adding the words “manager†or “managing†to titles, potentially to avoid including those employees in the bargaining unit.
Asked how many employees were currently in the staff union’s bargaining unit, Netsch said none were “due to the staff downsize.â€
“As 2022 approaches, we will add more employees to MDP including employees who will be in the bargaining unit,†she said.
Editor’s note: Updated Tuesday with the NLRB declining to comment on the ongoing case.