Issue 8: March 31, 2020

NLRB Update: Challenging ASARCO’s Unfair Labor Practices 

As was reported to the membership at meetings earlier this year, our Unfair Labor Practice charges allege that ASARCO violated our rights by: 

  1. failing to bargain in good faith; 
  2. engaging in dilatory bargaining tactics; 
  3. having bargaining table agents and representatives who lacked sufficient authority to bargain; 
  4. failing to timely provide relevant and necessary bargaining information; 
  5. unilaterally implementing their “last, best and final offer” when there was no bargaining impasse; 
  6. implementing a discriminatory Copper Price Bonus proposal; 
  7. threatening to hire and hiring permanent replacements to replace employees engaged in an unfair labor practice strike; 
  8. soliciting employees to withdraw their membership in the Unions and cancel their dues checkoff authorizations; 
  9. removing union literature from employee break areas; and, 
  10. engaging in surveillance and giving the appearance of surveillance of employees engaged in peaceful Section 7 activities. 

Our attorneys have presented witnesses in support of our charges to NLRB Region 28 for interviews and affidavits. We have submitted over 400 exhibits and around 3,300 pages of documents to Region 28 in support of our charges. Our attorneys have also submitted legal arguments to Region 28 in support of our charges. 

We believe we have presented a very strong case to Region 28 in support of our charges and our position that our members are engaged in an unfair labor practice strike. 

We believe Region 28 has asked the Company to submit its evidence and legal arguments in response to the Union’s charges. 

Once Region 28 completes its investigation of our charges and both sides have submitted their evidence and legal arguments, the NLRB Regional Director will consider the evidence and legal arguments and issue his decision on our charges. 

Last week the NLRB Regional Director requested position statements from the Union and Company concerning 10(j) injunctive relief. Under Section 10(j) of the National Labor Relations Act, the Regional Director may seek a federal court injunction against the Company under certain circumstances. 

Before any 10(j) injunction can be issued, the Regional Director has to first find merit to the Union’s unfair labor practice charges against the Company and also conclude that a 10(j) injunction is appropriate under the facts presented. 

If the Regional Director finds merit to our charges and concludes that a 10(j) injunction is appropriate, he must then request approval from the NLRB General Counsel in Washington D.C. to file the 10(j) lawsuit against the Company. 

If the Regional Director receives this approval, then the Regional Director may file a lawsuit against the Company in federal court requesting that a 10(j) injunction be issued by the federal court against the Company. 

Generally, a 10(j) injunction prohibits an employer from engaging in conduct alleged to violate the National Labor Relations Act. 

Generally, if a 10(j) injunction is issued, it remains in effect until such time as the NLRB in Washington D.C. rules on the merits of the ULP complaint against the employer. 

On March 30, the Union’s attorneys filed the Union’s position statement in full support of the Regional Director requesting authority to seek a 10(j) injunction against the Company. 

Stay HEALTHY, SAFE and UNITED! Solidarity is our strength! 

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