The National Labor Relations Board has ruled in favor of workers striking against Tucson-based copper producer Asarco LLC, saying the company has failed to bargain in good faith with seven unions.
The complaint issued by Phoenix-based NLRB Region 28 alleges that Asarco management has failed to bargain in good faith, before and during a strike launched last October by the United Steelworkers, the Teamsters and several other unions representing about 1,800 workers in Arizona and Texas.
The NLRB ruled that the workers are “unfair labor practice strikers” who are protected against permanent replacement under U.S. labor law, the United Steelworkers said.
Officials of Asarco, which is owned by Mexico-based Grupo Mexico, could not be reached for comment.
Asarco must answer the complaint in writing by June 29, and the NLRB will schedule a hearing for an administrative law judge to review evidence against Asarco and to hear testimony in the case.
The NLRB complaint, issued by Regional Director Cornele A. Overstreet, consolidates charges filed since January by the Steelworkers and six other unions representing Asarco workers in Arizona and Texas.
United Steelworkers District 12 Director Gaylan Prescott said the union stands ready at all levels to work with the NLRB to hold Asarco accountable for breaking labor laws and bargaining in bad faith.
“We hope that the company will take this opportunity finally to bargain in good faith and start showing its workers the respect they deserve,” Prescott said.
Unions representing Asarco production and maintenance workers went on strike eight months ago, accusing the company of bad-faith bargaining.
The unions’ last contract with Asarco expired in November 2018, and they have had no wage increases since 2009.
The unions say Asarco’s final, four-year contract proposal included no wage increase for nearly two-thirds of workers, freezes the existing pension plan and more than doubles the out-of-pocket contribution individual workers now pay for health care.
Specific allegations in the NLRB complaint include bargaining with no intention of reaching an agreement; failing to provide information needed for bargaining; discrimination against union representatives; illegally declaring an impasse; and unilaterally implementing changes to working conditions.
Asarco operates the Mission Mine in Sahuarita; the Silver Bell Mine in Marana; the Ray Mine and Hayden smelter in Central Arizona; and a refinery in Amarillo, Texas.
About 85% of Asarco’s hourly workers are union members.
Besides the Steelworkers and Teamsters, unions striking at Asarco include the International Brotherhood of Electrical Workers, the International Association of Machinists and Aerospace Workers, the International Union of Operating Engineers and the International Brotherhood of Boilermakers.
