BURNS HARBOR | Levy Co. is hiring
permanent replacements to succeed the 130 members of the
International Union of Operating Engineers Local 150
striking the contractor's operations at Mittal Steel
Co.'s Burns Harbor plant since mid-August.
David Fagan, spokesman for the union, claims the
company, which performs slag processing and metal
reclaiming at the plant, has no legal right to hire the
replacement workers.
"The employees of the Levy Co. are
engaged in a lawful unfair practice strike against Levy
Co., and the law is clear that unfair labor practice
strikes aren't subject to permanent replacements," Fagan
said. "... as long as the strike continues, in our eyes
they will be looked at as temporary replacements. At a
time, under federal law, when the strike ends those who
are lawfully striking will have a right to return to
work."
The previous five-year labor agreement for workers at
Levy's Burns Harbor location expired in April 2005.
Company spokesman Berl Falbaum said Tuesday the company
began hiring replacements Monday from among those
temporarily filling the striking workers' jobs because
the union hasn't been realistic in its demands.
"We need to make adjustments," said Falbaum of
Farmington, Mich.-based Falbaum & Associates. "The steel
industry has made big adjustments to its operating
costs, and other industries recognize the need to make
concessions. We have reduced costs to our customers
while our operating costs have increased. ... We've been
negotiating for a full year, but we've made little
progress, so we started hiring replacement workers."
The striking union workers haven't been fired, he said.
"If (when the strike ends) positions are available, they
will be on a preferential hiring list," Falbaum said,
adding that unless the strike is settled, Levy will
operate the location as a nonunion shop.
Currently, the union has placed about 100 of the 130
striking workers in jobs at other sites. The remainder
receive strike pay of $400 a week from a union strike
fund with about $12 million available.
The Detroit-based company has fired 65 striking members
of Local 150 for violating the no-strike clause in their
contracts with Levy affiliates, according to Falbaum.
The union contends the 35 workers at Levy Indiana Slab
Co., operating at U.S. Steel Co. Gary Works, and 30
workers at Edw. C. Levy Co. operations at Mittal Steel
Indiana Harbor West, in East Chicago, weren't striking
but honoring the picket line it had set up at Levy's
other Northwest Indiana work sites.
The union appealed the firings to the National Labor
Relations Board and the appeal was dismissed, Falbaum
said.
Fagan, who heads the local's Merrillville office that
represents 3,500 workers in Northwest Indiana, said the
union has filed a request for arbitration of the NLRB's
decision on the firings and, if that fails, may take the
matter to federal court.
"The NLRB has denied our appeal because there is no
history of the employees engaging in a sympathy strike,"
he said. "We believe the intent of our language allows
it.... There is a no-strike clause in the agreement, but
our position is that it doesn't prevent them from their
lawful right to honor a picket line. Information shows
they are a single employer. Our members weren't
striking, they were honoring our picket line, and they
still have contract in effect."
Local 150 has filed about 15 unfair labor practice
charges against Levy with the NLRB, including
intimidating and threatening members engaged in lawful
and protected activity; creating an impression of
unlawful surveillance of employees; refusal to hire
Local 150 members for job openings; and refusal to
supply information to the local, which is the exclusive
bargaining agent for the employees of the Levy Co.
"The NLRB dismissed some and found merit to other
charges," Fagan said. "... In the past week, we filed a
new charge because Levy didn't respond to a request for
information that we feel is necessary for us to fulfill
our duties."
Falbaum said Levy officials are prepared to meet with
the union as soon as it responds to the company's latest
proposal.
"They did respond, but it didn't address the issue," he
said.
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