Kaiser , USW await ruling on unfair labor claims

By Zach Howard

NEW YORK, April 26 (Reuters) - Kaiser Aluminum Corp. said Wednesday the National Labor Relations Board (NLRB) dismissed 22 of 24 allegations of unfair labor practices brought against it by locked-out steelworkers during a long-lasting labor dispute.

The decision resulted from an appeal by the United Steelworkers of America (USW) union after the claims were previously dismissed, according to a Kaiser news release.

But USW district 11 director Dave Foster told Reuters that the general counsel has upheld the union's appeal on two of its most substantial charges.

Foster said he expected a complaint to be issued against the company charging the entire lockout was unlawful, potentially making Kaiser liable for more than $250 million in back pay and benefits to union members and their dependents.

The two allegations refer to plant-specific productivity improvements and to a work measurement system that sets wages for newly created jobs, according to Kaiser.

A general counsel for the NLRB was expected to refer the two remaining claims to an administrative law judge for trial, but no date had been set.

``We have thought the company behaved in an unlawful fashion, but the Board's action today underscores the great risk if the company maintains this posture,'' Foster said. ``We think the company should end the lockout and call our members back to work tomorrow.''

Raymond J. Milchovich, Kaiser president and ceo, said he was confident that the remaining claims would be dismissed after trial.

``As a result, we believe the decision will have no financial impact on the company,'' he said in the Kaiser release.

On Tuesday, the latest round of contract negotiations between Kaiser and USW officials in Pittsburgh collapsed without a new labor agreement. Key points of contention included job sub-contracting and health insurance for retirees, Foster said.

On Sept 30, 1998, roughly 2,900 USW workers went on strike at five Kaiser plants in Washington, Louisiana, and Ohio. The USW offered to return to work without a new agreement on Jan 14, 1999, but Kaiser locked the union out.

The company has been operating all five plants with temporary replacement workers.

No further negotiations were planned, but the USW was willing to meet with the company to continue discussions, Foster said.