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ASARCO Trial Postponed for NLRB Advice Division Review, New Charge Filed
ASARCO's National Labor Relations Board trial, previously scheduled to begin on Oct. 19, 2021, has been temporarily postponed because the NLRB General Counsel has recently issued a memorandum that compels Regional Directors to submit certain matters to the NLRB's Division of Advice.
On Sept. 8, 2021, the NLRB Regional Director submitted the case against ASARCO to the Division of Advice to review a question concerning the scope of the bargaining order remedy to address the company's alleged unlawful refusal to bargain and implementation of its “last, best and final” contract offer.
The case will proceed after the Region receives notification from the Division of Advice, and we will update you when we have news to share.
In addition, we have filed a new unfair labor practice charge against ASARCO over the company's announced terminations of previously laid-off workers, effective Sept. 15, 2021.
As you may know, the company limited the duration of recall rights in its implemented terms and conditions of employment to 12 months, whereas the expired BLA preserves them for 36 months.
Since these workers, primarily at the Hayden smelter and the refinery in Amarillo, are being terminated under the terms of the company's illegally implemented terms and conditions, we believe that our case is very strong.
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