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Unfair Labor Practice Charges Settled Against CMP

Following months of investigations and weeks preparing for trial, Unfair Labor Practice charges filed against Central Maine Power Company (CMP) by IBEW Local 1837 were settled just days before the trial was set to begin.

Immediately after the Union was certified to represent them, the Company announced that members of a unit of 47 employees would not be eligible for merit increases, for the all-employee incentive bonus, and certain other programs. Believing the changes to be illegal unilateral changes to mandatory subjects of bargaining, IBEW had attempted to convince CMP to withdraw the letter. When the Union was unable to persuade the Company to change their position, charges were filed with the National Labor Relations Board (NLRB).

As efforts to secure a first contract for the newly organized group dragged along unproductively through the summer and into the fall, CMP engaged in numerous instances of bad-faith bargaining, and made numerous unilateral changes to the employees’ working conditions such as changing pay grades and titles of employees, modifying the Performance Management Process, refusal to bargain over job descriptions, changing health insurance rates, making bargaining proposals which sought to maintain total company discretion regarding wages, hours, and other terms and conditions of employment, proposed and insisted on non-mandatory subjects of bargaining by seeking to exclude part-time employees from the Unit. These actions were added to the original charges.

After months of investigation during which the NLRB interviewed union representatives, bargaining unit members, and company representatives, the Board found the charges brought by the Union to be meritorious, and issued a formal complaint in February of 2007 alleging that CMP had made illegal threats against employees related to their support for the Union and had illegally discriminated against the 47 employees because of their support for the Union. The NLRB set a date for a trial in May.

In the settlement, finalized on May 21, CMP promised not to engage in any more illegal threats or unlawful bargaining tactics, and not to make unilateral changes in employees’ working conditions without bargaining in good faith with the Union. Importantly, they also agreed to pay the merit increases to the bargaining unit retroactive to the date they were paid to other employees not covered by any collective bargaining agreement, to pay the all-employee incentive bonus, and to reimburse employees for the increased premiums they had been charged for benefits since January 1, 2007. Additionally the Company will post a notice of the settlement and will email the same notice to all employees in the new bargaining unit.

Negotiations are ongoing to achieve a first contract between CMP and IBEW Local 1837 for the 47 employees in the new bargaining unit. We are counting on CMP to keep its promises, and to bargain in good faith with the Union, so that these working men and women can have a contract assuring reasonable wages, hours and working conditions.

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