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   Vol.66/No.22            June 3, 2002 
 
 
Federal Court rules 20-month lockout
of steelworkers at Kaiser aluminum illegal
 
BY JOHN NAUBERT
AND CECELIA MORIARITY
 
SEATTLE--Federal administrative law judge Michael Stevenson issued a 65-page decision on May 14, ruling that 2,900 striking steelworkers were unlawfully locked out for 20 months by Kaiser Aluminum and should be paid back wages as a result.

On Sept. 30, 1998, members of the United Steelworkers of America (USWA) struck Kaiser's plants over wages, retirement benefits, outside contracting, and the company demand to cut 400 jobs. After three and a half months the union offered to return work. In response, the bosses locked out the strikers and hired replacement workers.

In their two-year battle the steelworkers kept up their picket lines and reached out to the labor movement to back their fight. They often traveled to support other picket lines and labor actions around the country. The union and company agreed to a five-year contract in September 2000.

In his ruling, Stevenson said that Kaiser Aluminum Corp. must repay or "make whole" the workers who were locked out in the company's five facilities in Louisiana, Ohio, and Washington State. Some 2,500 of the strikers worked at Kaiser's plants in Tacoma, Mead, and Trentwood in Washington.

According to the news release issued May 15 by the USWA, the judge wrote in his decision, "By wielding the hammer of the lockout...Kaiser (engaged in) actions which constituted illegal coercion of the union."

The USWA also noted that "Kaiser's illegal 20-month lockout, which began January 14, 1999, is only part of a larger pattern of lawbreaking by the company, including persistent air quality violations; serious violations of workplace health and safety standards; and impeding a federal investigation of the July 1999 explosion, which substantially leveled its Gramercy, Louisiana alumina refinery."

According to the Seattle Post-Intelligencer, Kaiser chief executive officer Jack Hockema said, "We disagree with the decision of the judge and look forward to a vigorous pursuit of an appeal." The appeals process could take several years and go through the federal court system to the Supreme Court.

Hundreds of workers never went back to work after the strike and hundreds were laid off when Kaiser shut down smelters in order to sell back power at a profit during the peak of last year's energy crisis. More have been laid off since then and the company filed for Chapter 11 bankruptcy protection in February.

Floyd Pleger, a member of USWA Local 338 and an electrician at the Kaiser Trentwood rolling mill near Spokane, Washington, said, "With the company in bankruptcy no one is holding their breath of getting any money."

Joe Sexton, of USWA Local 338 at the Trentwood plant, also doesn't think that the steelworkers will receive any money. Sexton reported that the Trentwood mill is down to 350 workers from a high of 1,100 before the strike and more will be laid off by the end of the month. Sexton himself has been laid off since August.

Bill Fabyunkey, of USWA Local 7945 and a metal products helper before the shutdown of the Kaiser foundry in Tacoma, said he'd be "awfully surprised to get any money."

Dick Marsden, also of USWA Local 7945 and now retired said, "I thought it was a good decision," referring to the ruling that the lockout was illegal. "I don't think we're going to see any of the money but in the end we're coming out ahead because the company wasn't able to break the union."

Cecelia Moriarity is a meat packer and member of United Food and Commercial Workers Local 81.  
 
 
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