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.”