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Management At Niagara Falls’ DuPont Chemical Plant Agrees To Stop Training Out-Of-Town Workers To Replace United Steel Workers-Represented Employees

DuPont Also Agrees To Extend Expired Union Contract Into End Of March And Will Head Back To Bargaining Table To Negotiate New Agreement In January

Published Tuesday, December 22, 2009 3:00 pm
by Tom Campbell

(NIAGARA FALLS) - Management at the E.I. DuPont de Nemours Co., Inc. chemical plant has stopped training out-of-town workers from other DuPont plants across the Northeast to run its Niagara Falls facility, agreed to extend its expired contract with the United Steel Workers of America (USWA) into March and will head back to the bargaining table in January, USWA District 4 Staff Representative Jim Briggs told WNYLaborToday.com this afternoon.

In mid-November, the USWA told the Regional, On-Line Labor Newspaper that with its Union contract expiring on December 9th, management had brought in employees from other DuPont plants across the Northeast to run the facility should a lockout or strike occur, which - Union officials said - could negatively impact the safety of city residents living in homes near the Buffalo Avenue plant.  The Paper, Allied-Industrial, Chemical and Energy Workers (PACE) International Union, which is USWA affiliated, represents 140 workers at the Niagara Falls plant who work with and handle a variety of dangerous chemicals, including chlorine.

"The company has agreed to extend the current contract to the end of March and was concerned with our response to their training out-of-town workers to perform the jobs of their Union employees within the plant.  The problem here is dealing with chlorine and encountering a potential chlorine leak because you don't have people with the experience needed to do the job.  Our concern also involved the residents who live in the area and the possible negative repercussions those without the needed experience and training could bring about should there be an accident.  We think this was a good faith gesture on the company's part and we look forward to beginning to bargain a fair contract," said Briggs, who added Union officials had made it clear to management that they would take their concerns public in a high-profile campaign if forced to.

Several contract negotiating session have already been scheduled to take place between the Union and management throughout the months of January and February, Briggs said.

In November, the USWA representative told WNYLaborToday.com that "there are very dangerous chemicals used within the plant, including chlorine, which has been controlled safely - with very few issues - for more than one hundred years, mostly with a Union workforce."

"With the company bringing in outside workers and quickly training them to do the job performed by experienced Union employees, our Union has a real concern for those homeowners living near the Buffalo Avenue plant on streets such as Allen and McKenna," Briggs said.

To underscore the concern, Union representatives pointed to the U.S. Occupational Health and Safety Administration (OSHA) citing the Niagara Falls DuPont plant for failing to record an on-site injury of an employee, who suffered work-related injuries in November 2008 after inhaling chlorine gas.  The OSHA penalty reportedly came on the heels of a National Labor Relations Board (NLRB) ruling against DuPont for refusing to provide the Union with information regarding the location of hazardous chemicals that had caused spills, accidents, air emissions and ground and surface water discharges.

United Steel Workers officials say management at the DuPont plant in Niagara Falls has shown "no concern" when it comes to addressing "inadequate" staffing levels, as well as the overall safety within the Buffalo Avenue plant.  "DuPont 'claims' to be a leader in safety within its industry, but the Niagara Falls plant was listed in the top fifty when it comes to worker-related injuries.  Since 2002, the Union believes the Niagara Falls plant is being operated below - what we feel - should be 'adequate' staffing levels," Briggs had said.

The contract at the plant is an "evergreen contract," Briggs said, explaining it has been in place for the past 23 years, with a provision to reopen - on an annual basis - discussions on hourly wages.  With its contract set to expire on December 9th, an initial negotiating session took place in late November.  At that time, the USWA offered a six-month extension so enough time was provided to properly bargain a new agreement.  It was also agreed by both sides that a 60-day notice would be provided in the event management decided to lock its workers out or the Union decided to call a strike, Briggs said.

"It was time to reopen the contract, stop the bleeding and address staffing and worker protections.  But DuPont went out and began bringing in people in from other company sites and began training them to do our work," Briggs said.

"(Worker morale) is terrible inside the plant.  The rumor was these replacement workers would run the plant when our contract expired and they would lock our people out.  That's a recipe for disaster and that's why our Union was so concerned about the community.  Anyone who works inside that plant is working in a hot and dirty environment with high temperatures and dangerous chemicals.  It is a dangerous situation if not treated and handled properly.  The real issue here is safety, of the community and the workers," Briggs added.