PITTSBURGH, July 6, 2016 /PRNewswire-USNewswire/ -- The United Steelworkers (USW) today said that Senior U.S. District Judge Stephen M. McNamee has rejected ASARCO, LLC's request for reconsideration of his March 3, 2016, decision to enforce an arbitrator's award to pay a negotiated quarterly bonus to hundreds of employees hired after June 30, 2011. The bonus fluctuates based on the price of copper, and the arbitrator decided that the company breached the parties' agreement in withholding its payment to these employees.
The unions which represent more than 2,000 workers at five ASARCO locations in Arizona and Texas won the arbitration against the Grupo Mexico subsidiary in Dec. 2014, and the award is now estimated to be worth more than $10 million.
In addition to rejecting ASARCO's arguments for reconsideration, Judge McNamee has ordered the company to pay post-judgement interest on the arbitrator's award, dating back to the March 3 decision.
USW District 12 Director Robert LaVenture said that ASARCO needs to stop using legal shenanigans and pay its union workers what they are owed.
"ASARCO lost the arbitration under the terms of the collective bargaining agreement that said decisions were final and binding," LaVenture said. "The company appealed the result of the arbitration in federal court – and lost – only to further appeal that decision and lose again."
Earlier this year, Region 28 of the National Labor Relations Board issued a fourth consolidated complaint against ASARCO for unfair labor practices that include unlawfully implementing portions of its "last, best and final" contract proposal, failing and refusing to bargain, unilaterally changing working conditions and other violations of federal labor laws.
Hourly production and maintenance employees represented by eight international unions have continued to work at ASARCO's copper mines and processing facilities under the terms and conditions of a labor agreement that originally expired in June 2013 but was extended until the parties terminated it in June 2015.
Since then, as the NLRB spells out in the series of complaints, ASARCO management unilaterally changed working conditions at the facilities on multiple occasions without first negotiating over the changes with union representatives as required by law.
In some cases, the NLRB notes, ASARCO management did not even notify the unions before changing the terms and conditions of employment.
The USW represents 850,000 men and women employed in metals, mining, pulp and paper, rubber, chemicals, glass, auto supply and the energy-producing industries, along with a growing number of workers in public sector and service occupations.
More information, contact: Jay Smith – 310-283-3163
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SOURCE United Steelworkers (USW)