NLRB adds to allegations against Asarco

The National Labor Relations Board has issued an amended complaint against copper producer Asarco LLC, adding to its charges against the company.

The new complaint alleges, among other things, that the company unlawfully implemented its “last, best and final offer” though bargaining had not reached a good-faith impasse.

In its original complaint against Tucson-based Asarco in November, the NLRB charged that the company had refused to bargain collectively with the United Steelworkers and seven other unions, which have represented nearly 2,000 Asarco employees since 2007.

The latest complaint, dated Jan. 7, adds to the allegations of unfair labor practices by Asarco, including “failing and refusing” to bargain, bypassing union representatives to deal directly with union members and discriminating against union members exercising their rights under the National Labor Relations Act.

The NLRB has ordered Asarco to file a written response to the charges by Jan. 21 and has set a March 15 hearing in Phoenix.

The complaint also cites the company’s firing of one employee who had complained to Asarco about wages, hours and working conditions and had filed a safety complaint about asbestos at the company’s Hayden smelter.

Back to homepage

Subscriber Login

Keep reading with a digital access subscription.

Subscribe now

Asarco officials did not respond to a request for comment Tuesday.

According to the Steelworkers, Asarco’s last offer made changes to scheduling, including extended shifts, restricted retiree health care to only those eligible to retire under the next contract, raised the floor for a copper-price bonus so no workers would benefit and shifted more insurance costs to workers.

Asarco initially was accused of unilaterally changing working conditions at two of its three Arizona facilities without first negotiating with unions over the changes.

Besides the Hayden smelter, Asarco operates the Mission Mine in Sahuarita south of Tucson, the Silver Bell Mine in Marana and the Ray Mine in central Arizona.

The federal allegations stem from an ongoing, bitter contract dispute between the company and unions in which both sides decided last summer to terminate their contract.

The company and unions had been in contract negotiations since June 2013, and the contract was terminated on June 20.