NLRB Judge Rules Tecnocap's 2018 West Virginia Lockout Illegal, Orders Back Pay for USW Members

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Apr 17, 2019, 11:06 ET

PITTSBURGH, April 17, 2019 /PRNewswire/ -- The United Steelworkers (USW) today said that in an April 5, 2019, decision, Administrative Law Judge Michael A. Rosas of the National Labor Relations Board (NLRB) blistered the management of Tecnocap, LLC, for a series of unfair labor practices that culminated in a nine-day illegal lockout of nearly 70 USW Local 152M members at the company's Glen Dale, W.V., production facility in March 2018.

In the decision, Rosas determined that Tecnocap's lockout violated federal labor laws for a number of reasons. First, the company discriminatorily locked out only those workers who were members of the USW while allowing workers who resigned their membership to work. Second, it locked out those workers in support of its demand to change the scope of the bargaining unit, a permissive subject of negotiations.

It further locked out the USW members in an attempt to force them to accept an unlawfully implemented change in the scope of the bargaining unit, which it implemented without first reaching good faith impasse. Lastly, the company failed to inform the union what terms it needed to accept in order to end the lockout.

The judge also determined that Tecnocap broke the law in bypassing the union and dealing directly with bargaining unit employees by soliciting workers to enter into individual contracts offering them employment during the lockout on the condition that they abandon their union membership.

Rosas' decision includes an order for the company to compensate the USW members for any loss of earnings and other benefits with interest for the duration of the illegal lockout, which lasted from March 12-21, 2018.

The judge further directs the company to stop violating the law and requires management to post official notices at the plant acknowledging its unlawful behavior and informing employees of their legal rights to join and participate in the union without further interference from the company.

The USW represents 850,000 men and women employed in manufacturing, 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.