NLRB Judge Rules Kaiser Lockout Unlawful; Orders Twenty Months of Back Pay for 3000 Steelworkers in Largest Award in History

NEWS from the United Steelworkers of America

FOR IMMEDIATE RELEASE 
Contact: David Foster
612-623-8045 
612-419-9101

Statement of David Foster, USWA District #11 Director and Chairman USWA/Kaiser Negotiating Committee

Today’s ruling by Judge Richard Stevenson has upheld the longstanding contention of Kaiser steelworkers that they were illegally locked out by Kaiser Aluminum for 20 long months from January 14, 1999 until September 20, 2000. As a result, the Judge has ordered Kaiser Aluminum to pay full back wages and benefits to the Kaiser employees who endured enormous hardships during the labor dispute. 

I hope that this decision will serve as a powerful deterrent to other corporations and their legal advisors who seek to destroy the collective bargaining process in America through lock outs and the hiring of replacement workers. 

When various offsets for interim earnings by the Kaiser steelworkers are taken into account, I expect the ultimate award to be in the range of $180 – $200 million. This is the largest back pay award in the 65 year history of the National Labor Relations’ Board. Previously, the largest award was the $30 million paid to members of the NFL Players Association. 

Our union contended before the onset of the lock out that Kaiser’s bargaining proposal unlawfully broke up the Kaiser multi-plant bargaining unit and was so vague as to its wage proposal that employees would have had no idea what they were accepting. After eleven months of trial, thousands of pages of testimony and hundreds of exhibits, Judge Stevenson agreed with these basic contentions. 

While I am gratified that the union’s position has been upheld, I remain saddened by the enormous sacrifices born by the families of Kaiser steelworkers, many of whom are today laid off and have not worked in over three years. Throughout this long struggle, Kaiser steelworkers earned a place of great distinction in the history of America’s labor movement for having overcome the nation’s largest illegal lock out, forging landmark alliances with the environmental movement and spearheading the labor protests against the WTO in Seattle. I am sure that their legacy will be to inspire future generations of American workers to fight for their rights with equal determination. 

NLRB ORDER
On the basis of the foregoing findings of fact and conclusions of law and on the entire record and pursuant to Section 10 (c) of the Act, I hereby issue the following recommedended:78

The Respondent, Kaiser Aluminum & Chemical Corporation, its officers, agents, successors, and assigns shall 

1. Cease and desist from 

(a) Refusing to bargain collectively with the Union as the exclusive bargaining representative of its employees in the appropriate bargaining unit set forth below, with respect to rates of pay, wages, hours of employment, and other terms and conditions of employment. 

All employees of the Company at its aluminum plants located at Gramercy, Louisiana; Newark, Ohio; Mead, Tacoma, and Trentwood, Washington, as follows: all production and maintenance employees, including shop clerical employees, timekeepers, chauffeurs, but excluding executives, administrative and professional employees, office and clerical employees, guards, full-time first aid and safety employees, foreman and any other supervisory employees with the authority to hire, promote, discharge, discipline or otherwise effect changes in the status of employees or effectively recommended such action. 

(b) Insisting by locking out bargaining unit employees upon a matter that not constitute a mandatory subject of bargaining under Section 8(d) of the National Labor Relations Act. 

(c) Insisting by locking out bargaining unit employees upon a matter that is too vague and nonspecific for the Union to bargain over. 

(d) In any like or related manner restraining or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act. 

2.Take the following affirmative action necessary to effectuate the policies of the Act. 

(a) Make whole the unit employees for any loss of earnings and other benefits suffered as result of the lockout beginning from January 14, 1999 in the manner set forth in the Remedy section of the decision. 

(b) Preserve and, within 14 days of a request, make available to the Board or its agents for examination and copying, all payroll records, social security payment records, timecards, personnel records and reports, and all other records necessary to analyze the amount of backpay due under the terms of this Order. 

(c) Within 14 days after service by the Region, post at its five facilities in Gramercy, Louisiana; Newark, Ohio; Mead, Tacoma and Trentwood, Washington, copies of the attached notice marked “Appendix.” Copies of the notice, on forms provided by the Regional Director for Region 32, after being signed by the Respondent’s authorized representative, shall be posted by the Respondent immediately on receipt and maintained for 60 consecutive days in conspicuous places including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to ensure that the notices are not pendency of these proceedings, the Respondent has gone out of business or closed the facility involved in these proceedings, the Respondent shall duplicate and mail, at its own expense, a copy of the notice to all current bargaining unit employees and former bargaining unit employees employed by the Respondent at any time since January 14, 1999. 

(d) Within 21 days after service by the Region, file with the Regional Director a sworn certification of a responsible official on a form provided by the Region attesting to the steps that the Respondent has taken to comply. 


Dated: May 10, 2002


Michael D. Stevenson 

Administrative Law Judge 

78 If no exceptions are filed as provided by Sec. 102.46 of the Board’s Rules and Regulations, the findings, conclusions, and recommended Order shall, as provided in Sec. 102.48 of the Rules, be adopted by the Board and all objections to them shall be deemed waived for all purposes.