Volume 2, Issue 8: March 18, 2022

ASARCO Trial Rescheduled after NLRB Advice Division Review, Fifth Consolidated Complaint Issued

ASARCO's National Labor Relations Board trial, which had been temporarily postponed for review by the NLRB's Division of Advice, has been rescheduled to begin on Tuesday, July 26, 2022.

On Sept. 8, 2021, the NLRB Regional Director submitted the case against ASARCO to the Division of Advice to review a question concerning the scope of the bargaining order remedy to address the company's alleged unlawful refusal to bargain and implementation of its “last, best and final” contract offer.

In addition, the complaint incorporates allegations against ASARCO over the company's announced terminations of previously laid-off workers, effective Sept. 15, 2021.

As we have covered, the company limited the duration of recall rights in its implemented terms and conditions of employment to 12 months, whereas the expired BLA preserves them for 36 months.

We filed the charge with confidence because these workers, primarily at the Hayden smelter and the refinery in Amarillo, were being terminated under the terms of the company's illegally implemented terms and conditions.

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