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About Northwest labor press. (Portland , Ore.) 1987-current | View Entire Issue (Jan. 1, 2016)
PAGE 8 | January 1, 2016 | NORTHWEST LABOR PRESS NLRB says ATI lockout of Steelworkers is illegal If a judge agrees that ATI didn’t bargain in good faith, the com- pany could be on the hook for over $50 million in back pay for locking out workers in Albany, Oregon, and around the country. The National Labor Relations Board (NLRB) says Allegheny Technologies Inc. (ATI) vio- lated federal labor law when it locked out 2,200 of its employ- ees Aug. 15. The federal agency notified United Steelworkers (USW) on Dec. 18 that it will issue a for- mal complaint against ATI, be- cause its investigation found merit to the union’s charge that ATI didn’t bargain in good faith before — and after — it began the lockout. Federal labor law requires union-represented employers to negotiate in good faith: They must demonstrate a sincere de- sire to reach agreement, and not just go through the mo- tions. But that didn’t happen this time at ATI, which began planning for the lockout in Jan- uary 2015, months before con- tract negotiations began. In- stead, the union says, ATI hired outside consultants to recruit replacement workers, and forced union members to sit through mandatory-attendance meetings aimed at getting them to accept concessions. Then on Aug. 6, ATI pre- sented USW with a “last, best and final” contract offer, and demanded that the union accept it by Aug. 10. The offer would significantly cut health insur- ance benefits, end retiree health and life insurance benefits for new hires, replace the pension with a 401(k) for new hires, and give the company greater latitude to contract out work done by union members. When USW didn’t comply with the ultimatum, the com- pany locked out the workers at 12 ATI metal plants in six states, including 180 members of Local 7150 at the former Oremet Wah Chang titanium plant in Albany, Oregon. When the NLRB’s formal complaint is issued, it will in- clude a trial date for the case to be heard by a federal adminis- trative law judge. The NLRB normally seeks a voluntary set- tlement which would include a remedy to the violation. In this case, the remedy would be to reimburse all 2,200 locked-out workers for any losses they’ve incurred since the beginning of the lockout, including wages and benefits — and to require the company to bargain in good faith. “Under the law, they have to reinstate the status quo — put everybody back to work, and make them whole for their losses,” said USW Interna- tional Vice President Tom Con- way, who leads the union’s ne- gotiations with ATI. “We think now it’s up to $50-60 million, and the more they screw around, the bigger the settle- ment will be.” On Dec. 28, USW an- nounced that the NLRB will also be issuing a separate but related complaint against ATI: That the company unlawfully interfered with its workers’ right to unionize at an ATI Cast Products plant in Albany, Ore- gon. USW has made three at- tempts to organize the nonunion plant, which ATI ac- quired when it purchased Ladish Co. in 2010. During the most recent campaign, man- agers unlawfully threatened job loss and plant closure if the plant were to unionize, and made the case that it would be futile for workers to join the union. Conway said ATI man- agement’s unlawful conduct made it impossible for the union campaign to go forward. The return of Kurt Schrader After his Fast Track vote, the Congressman visits the House of Labor Oregon Congressman Kurt Schrader visited the Northwest Oregon Labor Council (NOLC) Executive Board for 30 minutes Dec. 14 to explain recent actions that have drawn union ire. After voting for a Fast Track measure that speeds future approval of NAFTA-style trade agreements, the 5th District Democrat spon- sored a bill to crack down on longshore union slowdowns, and voted to strip Indian casino workers of the right to unionize. “He tried to put our mind at ease, but that didn’t really hap- pen,” says NOLC Executive Secretary-Treasurer Bob Tack- ett. Schrader noted several times that he votes with labor 84 per- cent of the time. [That’s after la- bor backed him 100 percent of the time in his re-election cam- paigns.] Schrader will visit NOLC leaders again in February or March. “Two years ago I was out there knocking on doors in the rain for the guy,” Tackett said. “I’m not going to do that again, and he knows that.”
