KapStone Workers Vote on Unfair Labor Practice Strike Despite Federal Mediation

 

According to dual reports this week by the Daily News, Longview, Wash., USA, KapStone’s (Northbrook, Ill., USA) millworkers in Washington state were back to the polls this week to decide whether to go on an unfair labor practice strike, even as company and leading union officials try to continue successful federal mediation.

Union members overwhelming approved a measure in December that lends their bargaining board the power to call a strike if necessary. It had been one month since Association of Western Pulp and Paper Workers Local 153 provided the company with a 10-day strike notice when the voting was scheduled.

 

 

This week’s vote was indended by the union to be a precautionary measure to try demonstrating that the strike would be over unfair labor practices, rather than purely economic reasons. The distinction could determine whether or not the company can permanently replace workers who walk off the job. The vote took place from 7 a.m. to 9 p.m. Tuesday and Wednesday. The union decided that if KapStone does not make any changes in the company contract offer, there will be an unfair labor practice strike.

Under federal regulations, an unfair labor practice (ULP) strike is a protest to a specific employer action, whereas an economic strike is made to secure an economic benefit such as better pay or hours. Companies are allowed to hire permanent replacement workers under an economic strike, but are barred from doing so under an ULP strike.

The union points to a pending complaint with the National Labor Relations Board as the basis for a ULP strike. KapStone contests the complaint.

At least three quarters of the workforce has already attended strike training. Additional training is scheduled for today (July 16). Members are required to attend training to serve picket duty and receive benefits during a strike.

Local 153 and KapStone’s bargaining board were scheduled to meet with a federal mediator for the second time Monday. Union officials could not be reached for comment earlier this week.

"Just because the union calls the strike a ‘ULP strike’ does not make it so... KapStone maintains that no unfair labor practices have occurred, and we will defend that position during this hearing," KapStone labor relations manager Matt Gaston said this week in an email to all employees made available to the newspaper.

"If an economic striker is permanently replaced during the strike, they would only be eligible to return to work if/when a position became available. In some circumstances, it can take months, if not years, for an ‘economic striker’ to be returned to work once they’ve been permanently replaced during a strike," Gaston wrote in themeil, which also warned workers that they could lose group health medical coverage during the strike.

Regardless of the consequences they may be responsible for, union officials said in a letter to members this past Friday that they "are hopeful that progress will be made at this meeting but we will continue to prepare for the worst and move forward as necessary."

Local 153 and KapStone have been bargaining for a new contract formore than a year. They are at odds over health care coverage, disability benefits, seniority rules, and job transfer policies. Local 153 has not previously been on strike since 1978.