ML20206N336
| ML20206N336 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley, Perry  |
| Issue date: | 04/05/1999 |
| From: | Kotecki D UTILITY WORKERS UNION OF AMERICA |
| To: | Collins S NRC (Affiliation Not Assigned) |
| Shared Package | |
| ML20206N320 | List: |
| References | |
| NUDOCS 9905170202 | |
| Download: ML20206N336 (36) | |
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.FROM: ORIGINAL DUE DT: 05/04/99 TICKET NO: 019990094
, DOC DT: 04/05/99 l~ NRR RCVD DATE:-.04/13/99 TO:
Sam Collins.
FOR SIGNATURE OF.: ** YEL **
'DESC: ROUTING:
' Transfer of~ Generation Assets Between the Duquesne Collins /Zimmermn Light Company and FirstEnergy. Kane Sheron Zwolinski NRR Mailroom l
ASSIGNED TO: CONTACT:
DRIP Matthews SPECIAL INSTRUCTIONS OR REMARKS:
ACTION-__
DUE TO im3 DHECTCR'S OFFICE
.B'{ J__h $0 f- -- -
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LOCAL 27o
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UTILITY WORKERS UNION OF AMERICA v AFFILIATED WITH THE AFL-CIO LIG HT-H EAT POWER-WATER
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4205 CHESTER AVENUE l l CLEVELAND, OHIO 44103-3615 yr.y TELEPHONE:(216) 801-0004 FAX: (216) 881 1333 April 5, 1999 -
Mr. Samuel l. Collins, Director CVN -
Office of Nuclear Reactor Regulation -
Nuclear Regulatory Commission :L _
Washington, D.C. 20555 0001 Certified Mail Z 1 % 285 293
Dear Mr. Collins:
The intent of this letter is to keep you informed of the continued events concerning the transfer of generation assets between the Duquesne Light Company and FirstEnergy.
% In the filing with the Securities and Exchange Commission, on October 14, 193 we understand that in regard to labor, the parties will co operate to Wsolvt labor related matters including, with respect to Union contracts, workfca levels, severance and employee benefits, in a matter that treats employees fairly and equitably apportions any related costs between the parties.
This has not been done. As indicated by FirstEnergy's press release, they are moving forward with the transfer of assets. (Attachment #1)
There has been no negotiated settlement between FirstEnergy and Local 270 pertaining to the generation asset swap. We are continuing our attempt to 5 esolve this _ issue as indicated by our latest letter to FirstEnergy dated March 31, 1999. (Attachment #2)
We have filed suit in Federal Court in an attempt to resolve this issue.
We are awaiting a ruling c.7 the summary judgement motion. (Attachment #3) l l
- The National Labor Relations Board has issued a complaint against l FirstEnergy pertaining to their conduct and alleged unlawful acts. i (Attachment #4) i ee
y .
Mr. Samuel J. Collins April 5,1999 Surely these issues will have an affect on the Company's ability to render adequate, safe and reliable electric service necessary to accomplish the objectives of their rate plans.
We hope that you will consider these issues before granting regulatory approval.
Sincerely, David T. Kotecki President / Local 270 U.W.U.A.
DTK/asq opeiu 1794 Enclosure 144 J AL at a u. ea
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ALTTACHHfNY /
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l FirstEnergy Corp. For Release: March 26,1999
! 76 South Main Street ' '
l Akron, Ohio 44308 -
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www.firstenergycorp.com -
l News Media
Contact:
Ralph J. Di,Nicola 330-384'5939 FIRSTENERGY COMPLETES ASSET TRANSFER AGREEMENTS WITH DUQUESNE LIGHT FirstEnergy Corp. reported today that it has completed its previously announced
. agreements to exchange certain generating assets with Duquesne Light Company. Upon receipt of regulatory approvals, Duguesne Light will transfer 1,436 megawatts (MW) it owns at eight generating units to FirstEnergy in exchange for 1,328 MW at three power plants owned by FirstEnergy's electric utility operating companies.
-Under the agreements, FirstEnergy's utility companies will acquire Duquesne Light's i 187 MW of the 600-MW Unit 7 at the W. H. Sammis Plant in Stratton, Ohio; 186 MW of the 597-MW. Unit 5 of the Eastlake Plant in Eastlake, Ohio; 401 MW of the 2,360 MW at Units 1,2 & 3 of the Bruce Mansfield Plant in Shippingport, Pennsylvania; 498 MW of the 1,630 Mh at Units 1 & 2 of the Beaver Valley Power Station in Shippingport, Pennsylvania; and 164 MW l of the 1,194 MW at the Perry Nuclear Power Plant in Perry, Ohio.
In exchange, FirstEnergy will transfer ownership of three ofits electric utility operating companies' coal-fired plants to Duquesne Light. They are the 739-MW Avon Lake Plant in Avon Lake, Ohio; the 338-MW New Castle Plant in New Castle, Pennsylvania; and the 251-MW Niles Plant in Niles, Ohio.
The Avon Lake, New Castle and Niles plants will be included in Duquesne Light's planned auction ofits generating assets. The auction is expected to begin within the next month.
FirstEnergy will operate the plants until the assets are transferred to the new owner. The transfer could take place later this year.
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, 2 Regulatory reviews of the agreement, including those by the Nuclear Regulatory
.. Cdinrnission and'the Pennsylva'nia Public Ut.ility Commissio.n, should be complete by the end of
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the year. '
FirstEnergy, hieadquartered in Akron, Ohio, is a diversified energy service.e company wit more than S18 billion in assets and nearly S6 billion in annual revenues. Its electric utility operating companies -- Ohio Edison and its Pennsylvania Power subsidiary, The Illuminating Company 'and Toledo Edison - comprise the nation's 12* largest electric system, serving 2.2 million customers within 13,200 square miles of northern and central Ohio and western Pennsylvania.
(032699) 9 48
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f977ACHMENT 2.
{ LOOAL 270 UTILITY WORKERS UNION OF AMERICA AFFILIATED WITH THE AFL-CIO
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LIGHT-HEAT. .. POWER-VVATEF3 ,
d 4205 CHESTER AVENUE CLEVELAND, O'HIO 44103-3615 - .
I TELEPHONE:(216) 8810004 j FAX:(216) 8811333 March 31, 1999 '
Mr. H. Douglas Jahn, Manager Industrial Relations Department I FirstEnergy 76 South Main Street Akron, Ohio 44308 )
Certified Mail Z 196 285 290 )
Dear Mr. Jahn:
In a Company press release dated March 26, 1999 (copy enclosed) you have indicted that FirstEnergy has executed a definitive agreement pertaining to the sale of the Avon Lake Plant. We are requesting a copy of this agreement.
As indicated in our letter to the Company dated October 20, 1998, we demand to' ba: gain over all transfer of assets.
Please provide the above information within (15) days from the date of ' I this letter.
Sincerely, dL e, David T. Kotecki President / Local 270 U.W.U.A.
DTK/asq opeiu 1794 cc: H. Peter Burg Willard Holland Enclosure
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v 12/18/1998 11:10 2165746235 MCCORMACK WOLGAl4JTH PAGE 02 LE 1/=1rJef 1/11d NUWI HON RN A. TRICH 215 522 7032 88.3244
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s eMkEM...u.d.viRICT cts Ct.EVEL AKO -
OF CHIO -
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION UTILITY WORKERS UNION OF AMERICA Case No. i:98CV2041 LOCAL 270, Plaintiff,
- v. Judge Ann Aldrich THE CLEVELAND ELECTRIC ILLUMINATING COMPANY, et al.,
ORlER Defendants.
On December 16,1998, a hearing was held on Local 270's motion for a temporary 1
restraining order to restrain defendants CEI and First Energy from transferring their control and/or interests in two generating plants until the defendants have agreed to arbitrate in accordance with the plaintif!'s positioninthis case. (Doc.23).
This Count must consider four factors in determining whether to issue a temporary restraining order under Federal Rule of Civil Procedure 65(t; (1) whether the movant has established a substantial likelihood or probability of success on the merits; (2) whether there is a j threat ofirreparable harm to the movant if the order is not granted: Q) whether issuance of the order would cause substantial harm to third parties; and (4) whether the public interest would be served l by granting injunctive' relief. Sac, c.g., Mamn dounty Medical Assoc. v. Knebel 563 F.2d 258. 261 l f
(6th Cir.1977). In addition. in the context of federal labor law, a movant gnust show that injuncttve relief appropriately falls within the narrow exception to the anti-injunction policy of the Norris-
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, 12/18/1990 ilt10 2165746235 MCCORMACK WOLGN4JrH PAGE 03 oc 17-1998 17:1e e40cH e<N cWN R.DaticH 216 522 7382 P.evaa
.', }aDuaniin Act /*MpM in Boys Market [Tne V Retail Clerke Union,398 U.S. 235 (1970), and 4 jts piegeny. Sss'alag 29 U.S.C. { 104 (courts generally do not have jurisdiction to issue injunctions .,
' e' ;
under Norris LaGuardia Act). This exception has been extended "to embrace employkr behavior l l
which has the c'ffect ofevadtog a duty to arbitrate orwhich would otherwise undermine the integrity l of the arbitration process." Aluminum Worken Int'l fininn v. Consolidated Aluminum Con, 696 i F.2d 437,441 (6th Cir.1982). A movant in this context may show " likelihood of success on the j ments" by proving that "the position he will espouse in arbitration is sufficiently sound to prevent tlw arbitration from being a futile endeavor. 11 at 442, n.2 (quotation and citations omitted).
Upon consideratiori of the pleadings, affidavits, and matters discussed at the hearing, this Court finds that Local 270 has not satisfied the requirements for injunctive relief. First, it is far from clear that the union will suffer irreparable harm as a result of the transfer and reconfiguration of the defendants' assets. Where the defendants will remain solvent and able to l reinstate uffected employees or pay backpay in tne event of an arbitrauon aware apnst tacm, my potential " loss of employment, ewn ifoccasioned by employer action which is subject to arbitration.
is not irreparable.hamm" .IiLat 443. Second, the d Gadaatt ave h provided ample evidence that enJoininghe $hSEEvo $lants would not be in the ptiblib-interest; these trans! hrs arise in .
the E hand businesideci'sierrmaking.proccises that affect thousands of
. . . ,,,rs .n'.- .
employees, near!K.S..firillion in.-& assets, and numerous regulatory agencies. 'Ihird, and for similar g . .,* .
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reasons, injunctive relief could cause substantial harm to third-party dea! makers and employee,s.
Egg, g,g,, United Food and Commercial V'neken fininn. Local No. 626 v. Kroner Co. 778 F.2d 1171,1176 (6th Cir.1985), cert. denied. 479 U.S. 813 (1986) (risk of substantial economic harm unless union posts very large bond weighs against issuance ofpreliminary injunction). ,..
Finally, in this case, a determination of whether the union will espouse a sound and vis61e positiols in arbitration - and whetherthe parties are contractually bound to arbitrate the underlying grievance -- would force this Court to rule on the merits of this case under the guise of a seperate and distinct motiort for a temporary restraining order. Sgg Aluminum Workm_696 f.2d at 442 (Rnvs Markets exception applies when underlying grievance is one which parties are bound to arbitrate). Although this Court rests its denial of the plaintiff's motion on the obsence ot' l
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12/18/1998 lit 10 2165746235 HCCORMACK WOLGAMJTH PAGE 04 ven -u-ir>w 1.:11 t<LH -uN wa ,+ txtoa dib -S/2 7032 8. ao s.:
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l o traditio:ial. bases for equi. table rel.iefrthis court do. es not. End that the transfer of the two plants would 1 I
itself be the kind of"beliavior which has the effect of evading a duty to arbitrate or which woul'd . .
.[
i otherwise undermine the integrity of the afbitration process." Aluminum Workers,696 F.2d at 441.
The, transfer of diose in'.erests is not at issue in this litigation, and this Court is reluctant to expand the exception to the anti-injunction policy of the Norris-LaGuardia Act.
For the foregoing reasons, this Court denies the plaintiff's motion for a tempoir.ry l l
ressaining order. This denial is, however, without prejudlee to re-filing another such motion if, after this Court rules on the pending sununary judginent motion, circumstar.ces so warrant.
ANN ALDRICH UNITED STATES DISTRICT JUDGE
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UNITED ST.ATES OF AMERICA NATIONAL LABOR RELATIONS BOARD '
REGION 8 CLEVELAND ELECTRIC ILLUMINATING COMPANY, A SUBSIDIARY OF CENTERIOR CASES NOS. 8 CA-28441 ENERGY CORPORATION 8-CA-28878 8-CA-29051 and 8 CA-29128 8-CA-29221 UTILITY WORKERS OF AMERICA, 8-CA-29346 LOCAL 270, AFL.CIO 8-CA-29415 FIRSTENERGY CORP.
CASES NOS. 8-CA-29873 8-CA-29943 and- 8-CA-29956 8-CA-30028 UTILITY WORKERS OF AMERICA, 8-CA-30057 LOCAL 270, AFL-CIO CLEVELAND ELECTRIC ILLUMINATING COMPANY, AN OPERATING COMPANY OF FIRSTENERGY CORP.
and . CASE NO. 8-CA-30210 s UTILITY WORKERS OF AhERICA, LOCAL 270, AFL-CIO -
~. -
. 1 ORDER CONSOLIDATING CASES, CONSOLIDATED COMPLAINT AND NOTICE OF HEARING Uro..j wo, .:rs of America, Local 270, AFL-CIO, herein called the Union, in Cases Nos. l l
8 CA-28441, 8-CA-28878, 8-CA-29051, 8-CA-29128, 8 CA-29221, 8-CA 29346, and 8-CA-
]
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29415 has charged that Clevelarid Electric Illuminating Company, a subsidiary of Centerior Energy Corporation, herein called Respondent CEI, and the Union, in Cases Nos. 8-CA 29873, 8 CA 29943, 8-CA-29956, 8-CA-30028, and 8-CA-30067 has charged that FirstEnergy Corp.,
herein called Respondent FirstEnergy, and the Union, in Case No. 8-CA 30210, has charged Respondent CEl, as an operating company of Respondent FirstEnergy, have been engaging in ,
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unfair labor practices as set forth'and defined iri the National I abor Relations Act,29 U.S.C. {
151 et seq., herein called the Act. Based thereon, and in order to avoid unnecessary costs or delay, 'the General Courisel, by the undersigned, pursuant to Section 102.33 of the Rules and Regulations,of the Na'tional Labor Relations Board,' herein called the Board, ORDERS that these j
cases are consolidated.
l These cases having been consolidated, the General Counsel, by the undersigned, pursuant ]
i
~
to Section 10(b) of the Act and Section 102.15 of the Board's Rules and Regulations, issues this
}
Order Consolidating Cases, Consolidated Complaint and~ Notice of Hearing and alleges as follows:
- 1. (A) The charge in Case No 8 CA-28441 was filed by the Union on August 9,1996, and a copy was served by mail on Respondent CEI on August 12,1996.
(B) The charge in Case No. 8-CA-28878 was filed by the Union on March 13, 1997, and a , copy was served by mail on Respondent CEI on March 13,1997.
(C) The charge in Case No. 8-CA-29051 was file by the Union on May 21,1997,
~
and a copy was served by mail on Respondent CEI on May 21,1997.
- 1 (D) The charge in Case No. 8-CA-29128 was filed by_lhe Union on June 24,~ 1997',
and a copy was served by. mail on Respondent CEI on June 24,1997. ,
(E) The charge in Case No. 8-CA 29221 was filed by the Union on July 30,1997.
and a copy was served by mail on Respondent CEI on July 31,1997.
(F) The charge in Case No. 8-CA-29346 was filed by the Union on September 24, 1997, and a copy was served by mail o Respondent CEI on September 25,1997.
(G) The charge in Case No. 8 CA-29415 was filed by the Union on October 20, 1997, and a copy was served by mail on Respondent CEI on October 20,1997.
(H) The charge in Lse No. 8 CA-29873 was filed by the Union on May 4,1998, and a copy was served by mail on R'espondent FirstEnergy on May 4,1998.
2
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, (1) Th3 charge in Case No. 8 CA-29943 was filed by the Union on May 27,1998, l and a copy was served by mail on Respondent FirstEnergy on May 27,1998;
^' '
(J) ' The charge in Case No. 8 CA-2995,6 was filed by the Union on June 3,1998, and a copy was serve'd by mail on Respondent FirstEnergy on June 3,1998.
(K) The charge in Case No. 8-CA-30028 was filed by the Union on July 7,1998, and a copy was e s! by mail on Respondent FirstEnergy on July 8,1998.
(L) charge in Case No. 8-CA-30067 was filed by the Union on July 29,1998, and a copy was served by mail on Respondent FirstEnergy on July 29,1998.
(M) The charge in Case No. 8-CA-30210 was filed by the Union on Septe'mber 15, 1998, and a copy was served by mail on Respondent CEI on September 21,1998.
- 2. (A) At all times material herein, prior. to November 7,1997, Cleveland Electric Illuminating Company (Respondent CEI) was a subsidiary of Centerior Energy Corporation, an Ohio corpo, ration headquartered in Cleveland,. Ohio where it operated and continues to operate a public utilitysengaged in .the generation and distribution.of electricity in Northeast Ohio.
Annually, Respondent CEI, in conducting its business. operat. ions described above and in
- s 1
~ , I paragraphs 2(C),2(D),2(E), and 2h)~ derives gross revenues in exdiss of $250,0.00 and annually I
purchases and receives goods valued in excess of $50,000 from ,,oints located outside the State.
of. Ohio.
(B) At all times material herein, prior to November 7,1997, Olio Edison Company, an Ohio corporation, was headquartered in Akron, Ohio, where it operated a public utility engaged in the generation and distribution of electricity in Ohio and Pennsylvania.
i (C) On or about September 13,1996 Ohio Edison Company, hereafter called Ohio Edison, and Centerior Energy Corporation, hereafter called Centerior, entered into an agreement and Plan of Merger. Pursuant to the Merger Agreement, Ohio Edison and Centerior formed
. FirstEnergy Corp., an Ohio corporation, which, in turn, formed two wholly owned subsidiaries.
3
One Sub'sidiary then merged with Oh'io Edison,'with'bhio Edison' continuing as the surviving corporation and the other merged.with' Cent rior, with'Centeripr continuing as the surviving.
corporation. After the Centerior merger, Centerior then merged with and into FirstEnergy, with First$ilergy continuing as the surviving corporation. The merger was consummated on NovemNr 7,1997.
(D) Following the merger, FirstEnergy became a holding company which directly held 'all the issued and outstanding common stock of Ohio Edison and all the issued and outstanding common stock of Centerior's direct subsidiaries, which included Respondent CEI.
Since the merger on November 7,'1997,' Respondent CEI became an operating company of Respondent FirstEnergy.
(E) At all' material times since Nov' ember 7,1997, Respondent'FirstEnergy and Respondent CEI have been affiliated business enterprises with. common officers, ownership, l
direc} ors, management, arri supervision, have'forrnulated and administered a' common labor 1
policy; have shared common prehtises and faciiities; have provided services for'each other; have -
1 interchanged' personnel with each' other; and"have held themselves out' to the public as single'
.t integrated business enteirprises.
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i (F) Based on its operations described above in paragraph 2(A), (C), (D), and (E),
Respondent FirstEnergy and Respondent CEl, herein also known collectively as Responden'ts, constitute a single integrated busine'ss enterprise and a single employer within the meaning of the i
Act.
- b. (A) At all material times, Respondent CEI has been an employer engaged in j commerce within the meaning of Section 2(2), (6) and (7) of.the Act.
(B) At all material times,-Respondent FirstEnergy has been an employer engaged in commerce within the meaning of Section 2(2), (6) and (7) of the Act.
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. 4. At all material times the Union has been a labor organization within the meaning of
,, ~ Section 2(5) of the Act.
- 5. - (A) At all material times the following individuals held the positions set forth opposite their resp 6ctive names and have been supervisors of Respondent CEI within the meaning 6f Section 2(11) of the Act and agents of Respondent CEI wi,.iin the meaning of Section 2(13) of the Act:
Charles Jones '-
Vice President Lew Meyers -
Vice President James Bena -
Plant Manager Kevin P. Murphy Manager Labor Relations Brian Sexten -
Manager Matt Slagle -
Manager William Bene -
Supervisor, Electrical Construction Laura Dielman -
Coordinator of Human Resources
= Donald Casper -
' Acting Supervisor, Brooklyn Service Center James H. Wilcox -
Manager, Generation Services (B) At all material times the following individuals held the positions set forth opposite (lidir respective names and have been supervisors of Respondents within the meaning of -
Section 2(11) of the Act, and agents of Respondents within the meaning of Section.2(13) of the l Act: . .e j
William R. Holland -
Chairman of Board, Chief Executive .
l Omcer of firstEnergy
- Peter Burg -
President and Chief Financial Officer, FirstEnergy f Guy Pipitone - Vice President, Fossil Generation, j FirstEnergy . -
Charles Jones -
Regional President, Northem Lew Meyers -
Vice President, Nuclear, Peny Gary Benz -
Senior Attomey Tom Kayuha -
Manager, Labor Relations Brian Sexten -
Manager Matt Slagle -
Manager William Bene -
Supervisor, Electrical Construction Laura Dielman -
Coordinator of Human Resources Donald Casper -
Acting Supervisor, Brooklyn Service Center 5
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. 6. (A) The following employees of Respondent CEl, at its northeast Ohio facilities, herein c,alled the Unit, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act:
All operating ma!ntenance and construction cmployees, but excluding ofice -
clerical, sales and technical employees, employees in the Civil and
. Mechanical Engineering, Electric Engineering, Wire Relations, Survey and Records elements, production and test . engineers, load and trouble dispatchers, . chemists and laboratory assistants, Property Protection employees, Electrical inspectors, and all supervisory employees with authority to hire, promote, discharge, discipline or otherwise efect changes in the status of employees or efectively recommend such action.
.(B) On October 18,1943, in Cases Nos. R-5358 to R' 5367 the Union was certified as the exclusive collective-bargaining representative of the Unit.
(C) 'At all times since October 18, 1943, based on Section 9(a) of the Act, the Union has been the exclusive collective-bargaining representative of the Unit,
-(D) The Unit referred to above in paragraph 6(A) remained the same after the-
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merger referred to in paragraphs 2(C) and 2(D).
(E) ' Since about Oct'ober 18,1943 and at all materiaitimes, the Union has been the designated exclusive collective-bargaining representative of the Unit and since then the Union has been recognized as the representative by Respondent CEl. This recognition has been ..'
embodied in successive collective-bargaining agreements, the most recent of which became effective May 1,1993. .
-(F) dbou't February 7,1997, the Union, by letter, pursuant to provisions in the collective bargaining agreement referr$d to above in paragraph 6(E), gave Respondent CEI notice of Articles in the collective bargaining agreement it wished to change.
(G) At various times from April 8,1997 to April 27,1998 Respondent CEl and the
. Union met for purposes of collective bargaining with respect to wages, hours and other terms and conditions of employment of the Unit as described in paragraph 6(A). About December 19,
lc .
- 1997 Respondent FirstEnergy representatives joined Respondent CEI and the Union and met for purposes of collective bargaining with respect to wages, hours and other. terms and conditions of ernployment of the Unit as described in paragraph 6(A). '
7.
On Map.1,1998 Respondents, by' Donald Casper, at their Brooklyn Service Center, threatene'd employees that he, Donald Casper, had been instructed by Charles Jones that any employee wearing a red Union armband would be noted and would be the first one terminated.
8.
(A) On or about August 7,1996, contrary to its contract referred to in paragraph 6(E),- Respondent CEI attempted to circumvent its bargaining obligation by requiring employees to attend meetings to develop work units, procedure, standards and productivity measures for electrical,' construction and maintenance employees.
(B) On or about May 2,1997, contrary to its contract referred to in paragraph 6(E),
Respondent CEI attempted to circumvent its bargaining obligation by requiring employees to attend meetings 4.q ,
in May and June 1997 to draft future job titles, summaries and responsibilities for the supply chain.
nn (C) 'The subjects set forth above in paragraphs 8(A) and 8(B) relate to wages, hours
'and other terms and conditions oT employment of the Unit and are mandatory subjects for the- -
purposes of collective bargaining. '
(D) Respondent CEI engaged in the conduct described above in paragraphs 8(A) and 8(B) without prior notice to the Union and without affording the Union an opportunity to bargain with Respondent CEI with respect to this conduct and the effects of this conduct.
9.
(A) Since about August ~30,1996, 'the . Union, by letter, has requested that Re:pondent CEI furnish the Union with the names of all Unit employees who serve on Respondent CEl committees.
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" ' '(B)' Ths info'rmation'reqde's'tdbj the Union, as described above in' paragraph 9(A),'
'is necessary f6r, and' relevant to, the ' Union's performance of'its duties as the exclusive ,
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collective-bargaining representative of the Unit.
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(C) Sirice Septernber 30,1996 Respondent CEI has failed and refused to furnish the Union with the information requested by it as described above in paragraph 9(A).
- 10. . (A) Sirice about March 14,1997, and at varicus times thereafter, including May 14,
~
Nily 29, August 18, and August 28,'1997, the Union, by letters and in' negotiations, has requested that 5tespondent CEI furrdsh the Union with merger information, including the duty to consult with Ohio Edison, plans, drafts and studi'es relative to the proposed merger.
(B) 'The information requested by the ~ Union, as' described above in . paragraph
~
10(A) is necessary for, and relevant to, the Union's performance of hs duties as the exclusive 4
collective-bargaining representative of the' Unit.
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- (C) Since about May 20,1997, Respondent CEI, by letter,' has failed and refused to s'
furnish the Union with the information requested by it as described above in paiagraph 10(A)w
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11; (A)' Sirice about July 24,'1997, and'at various time thereafter,includik August 18,
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1997, the U6 ion, by the above letters and'in negotiations, has request'ed that Respond _ent CEI furnish the Union with individual ernployee ovenime hours by depanment.
-(B) ' The' information requested by the Union, as described above in paragraph 11(A) is necessary for, and relevant to', the Union's performance o~f'its du' ties as the exi:lusive collective-bargaining representative of the Unit.
n (C) Since about August 14, 1997, Respondent CEl, by letter and at negotiations, has failed and refused to furnish the Union with the information requested by it as described above in paragraph 11(A).
- 12. (A); The collective bargaining agreement described above in paragraph 6(E) , ,
provides:
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- I ARTICLE VI .
Seniority Section 7.
(a) During the periodfrom May 1,1993 through April 30,1997, no
- employee in,the bargaining unit who has ten or more years of continuous
. service and who is desirous of continuing emplo),nent with the Company willbe laidofforlack ofwork 1
(b) An employee with ten or more years of continuous service who becomes surplus, other than as a result ofan employee exercising his rights 1 under Section 5 of this Article, will receive no reduction in his hourly rate f ofpay. In addition, he will receive nofuture general. increases as long as i his rate remains above the maximum rate of the job classifcation into which he is placed This' paragraph will have no application to l Incapacitated employees or employees who are unable or unwilling to )
quahfyfor available work
... j J
ARUCLE XV Terms and Renewal Section 4.
Ifnotice is given in acco:Jance with Section 2 or Section 3 of this Article ,
ahd:no agreement has ben reached on the changes proposed by May 1, l 1997, (or by May 1,1NS, in the case of changes in general hourly rates of 1
pay, Article IX, Section 1), the parties will make every efort to reach .
agreement thereafter. Allprovisions of this Agreement will remain inftdl force and effect ti ereafter except that (i) of no' agreement has been reached .
by (t) e respe&tive applicable
- date set out abo've), the provisions of Article .
IV w ll be waived until such agreement is reached, and (ii) allprovisions of , l
- his agreen:ent will be without force or effect during any period of .-
f concerteajanure to reportfor work,' cessation of work, ~ slowdown, strike, i picketing, or lockout. 1 (B) On or about October 15,1997 Respondent CEI informed the Union that all ;
i provisions of. the collective bargaining agreement referred to in paragraph 6(E) with the exception of Article IV, No Strikes or 'Lockouts, referred to above in Article XV, and Article \l, Section 7 would remain in full force and effect ifits fmal proposal was not accepted. l (C) On or about October 29, 1997 Respondent CEI unilaterally extended the i collective bargaining agreement referred to in paragraph 6(E) as set forth in parrgraph 12(B) to April 30,1998 and unilaterally eliminated Article VI. Section 7 referred to in paragraph 12(A).
9
' E-(D) On or about October 15,1997 Respondent CEI notified the Union that if its final proposal was not accepted by October 29,1997 it would ivithdraw all its proposals and, thereafter, did withdraw dll its proposals after October 29,1997.
, (E) Ori or about November 21,1997 Respondent FirstEnergy adopted the position taken by Resp 9ndent CEI referred to above in paragraphs 12(B),12(C) and 12(D).
(F) The subjects set forth above in paragraphs 12(A),12(B),12(C),12(D), and 12(E) relate to wages, hours, and other terms and conditions of employment of the Unit and are mandatory subjects for the purposes of collective bargaining.
(G) Respondents engaged in the conduct above in paragraphs 12(A),12(B),12(C),
12(D), and 12(E), without prior notice to the Union and without affording the Union an opportunity to bargain with Respondents with respect to this conduct and the effects of this conduct.
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- 13. (A) Since about October 31, 1997, . and various times thereafter, including
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December 19,1997, Febmary 24, March 27,'and April'28,1998, the Union, by the above letters and in negotiations, h'as requested that Respondentsf 'urnish the Union with merger information, including plans, studies and transition team information relative to the merger.
(B) The information requested by the Union, as described above in paragraph 13(A) is necessary for, and relevant to, the Union's performance ofits duties s the exclusive collective-bargaining representative of the Unit.
(C) Since about January 26,1998, Respondents, by letter dated January 26,1998 6
and verbally, have failed and refused to furnish the Union with the information requested by it as described above in paragraph 13(A).
- 14. (A) In or about January 1998 Respondents eliminated the surviving spouse benefit.
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(B) On.or about January 23, Fsbmary 24,and en March 6,1998 Respondents
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>,' announced. at negotiations that they would merge he 401.K plan with the FirstEnergy Savings
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Plan and the subject was non negotiabie. * ' '
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(C) On .or about January 23, February 24 and on March 6,1998 Respondents announced at negotiations that they would discontinue the stock purchase discount plan and the electrical discount plan and that the subjects were non-negotiable.
(D) On or about March 11, 1998 Respondents announced at negotiations that Respondents' Employee Assistance Programs, including long term care, travel and accident, 2
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educational assistance and financial planning were non negotiable.
(E) . In.or abo'ut March 1998 Respondents implemented a neiv drug and alcohol
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policy. l
)
(F) The subjects set forth above in paragraphs 14(A) through 14(E) relate to wages, hoursS.
and other terms and conditions of employment of the Unit and are mandatory subjects for the purposes of collective bar8aining.
w (G) Respondents engaged in the conduct described above in paragraphs 14(A)
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through 14@) without affording'the Union an opportunity to b'argain with Respondents with ;
respect to this conduct and effects of this conduct. - '
- 15. (A) Since about February 19, 1993, and at various times thereafter, including February 29, March 31, and April 28,1998, the Union, by the above, letters and in negotiations, has requested that Respondents furnish the Union with individual employee overtime hours by department. ,
(B) The information requested by the Union, as described above in paragraph 15(A) is necessary for, and relevant to, the Union's performance ofits duties as the exclusive collective bargaining representative of the Unit.
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. (C) Since about February 29,1998, Respondents have failed and refused to furnish
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th.e Union with the information r8 quested by it as described above in paragraph 15(A) and/or . .
have prgvided inaccurate information.
- 16. (A) Since about February 24, 1998, and at various times thereafter, including I
J March 30, April.9, and April 22,1998, by letter and in negotiations, the Union requested that Respondents furnish the Union with the benefit master plans and IRS Form 5500's for the pension and health insurance plans and the life insurance plans.
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(B) . Since about July 6 and 8,1998, the Union, by letter, requested Respondents to furnish the Union with the Aetna and Unum contracts, summary plan for Unum, master plan for Unum and conversion plan for Unum, Aetna and Unum being the life insurance carriers for Respondents' employees.
(C) The information requested by the' Union, as described above in paragraphs 16(A) and 1,6(B) is necessary for, and relevant to, the Union's performance.ofits duties es the
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-J exclusive collective-bargaining representative of the Unit.~
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(D) Since about February 24,1998, Respondents have failed and refused to fumish
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- the Union with the informaiIon requested by it aidescribed above in paragraph '16(A). -
(E) Since about July 6,1998, Respondents have failed and refused to furnish the .
Union with'the information requested by it as described above in paragraph 16(B).
- 17. (A) In or about the first week of March 1998, Respond'e nts, at their Perry Nuclear Power Plant, unilaterally implemented a Pledge of Commitment form.
_(B) On or about March 9,1998 Respondents, by Lew Meyers, at their Perry
'Nuclear Power Plant, threatened Union representatives, who were employees, that they would be
. terminated if they did not cooperate regarding the Pledge of Commitment form.
- 8.
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',. (C) On or about March 11,1998 Respondents, at their Perry Nuclear Power Plant, a, unilaterally.impleme'nted and required all ernployees, under threat of' discipline, to sign the Safety Tagging Commitment: -
'(D) The, subjects set forth above in paragraphs 17(A) through 17(C) relate to wages,1ours, and other terms and conditions of employment of the Unit and are mandatory subjects for the purposes of collective bargaining.
(E). Respondents engaged in the conduct described above in paragraphs 17(A) i x through 17(C), without prior notice to the Union and without affording the Union an opportunity to bargain with Respondents with respect to this conduct and the effects of this conduct.
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- 18. (A) At various times from March 1997 to April 27,1998, Respondent CEI and the Union met for the purposes of collective bargaining, including additional representatives from Respondent FirstEnergy since Decernber 15, 1997 to April 27, 1998, with respect to wages,
)
hours an~d other terms and conditions of employment of the Unit.
hf Since about May 18,1998 and continuing thereafter, Respondents refused to bargain collectively in'gcod faith with the Union.
(C) . kb5ut May 27,1998. Resp'ondents unilaterally, without reaching agreement or lawful impasse, implemented its last bargaining offer, made on May 18,1998, (D) Since 'on or about November 1997. and. continuing thereafter, Respondents -
engaged in conduct, including, but not limited to, the allegations set forth in paragraphs 12(E), i 13,14,15,16(A),17, and 18(C); insisted that the ten-year clause was no longer operative; abandoned the position and proposals taken by Respondent CEI prior to the merger; rejected the tentative agreements reached by Respondent CEl; summarily rejected the Union's bargaining proposals v.ithout discussion or consideration; entered into negotiations with a predetermined resolve that the collective bargaining agreement had to be pattemed after Ohio Edison contracts;
= continued to propose multi contracts and multi units over the Union's objections; :.mplemented 8
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an offer:whichle facto preserved .its position ~ for. separate units; set or imposed artificial
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- h. , deadlines and threats of implementation; continually changed proposals v,ithout affording the
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' .~ Union :an opportunity .to understand and evaluatq them; failed to discuss or bargain over
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substantive issues of proposed contract which substantially changed from the prior agreement referred to in. paragraph 6(E), including, but not limited to: senio.ity, layoff and recall,-
- promotions,Lsubcontracting, before declaring impasse in the negotiations; unilaterally changed benefits.during bargaining; asserted thatfearly retiremerit and severance were only offered if
- i contfact ratified; . informed the Union and the membership that it would not consider any counterproposals and that further bargaining would be futile; and unlawfully declared impasse in L
the n5gotiationi. .
(E) 'By its overall conduct, including the conduct described above in paragraphs 12(E),13,14,"15,16(A),17,18(B),18(C), an'd 18(D), Respondents have failed and refused to bargain in good faith.with the Union as'the exclusive collective-bargaining representative of the a:f' .,'.
s
- Unit!as described in paragraph 6(A).
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~ 19. (A) On or about May 7,1998 the Union, by letter, ~ r equested Re'spondents' to
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bargain about potentiallayoffs and the ten-year clatise. .
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(B) Since about May 18, 1998, and continuing thereafter, Respondents, by letter.
rsfused to bargain collectiveiy in good faith with the Union.
(C) On or about May 20,1998, the Union, by letter; requested Respondents to {
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. bargain about potentia!!ayoffs.
(D) The collective bargaining agreement described above in paragraph 6(E) provides:
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ARTICLE VI l S.eniority .
Section 6. .
(a) The Company will give one week's notice or one' week's pay offoiQ . ,*. * . *
. (40) hours in lieu of notice to an employee, being laid of An employee . .
intending to resign willgive the Company one week's notice. The Company will notify'the Union at least two weeks in advance of any proposed layofs and afford the Union an opportunity to discuss the matterfully with the
' Company. ,
(b) If it becomes ne~cessary to reduce the working force in any job classification, reductions shall be made in thefollowing manner:
1 Starting with the job classWcation 'in which the surplus exists, the surplus einployees will be determined on the basis of those having the least occupational group' seniority. The surplus employee or employees in the order of their occupational group ' seniority will first 'be .given the opportunity ofexercising any rights they may have under Article VI, Section
- 4. If no such rights exist, or the employee declines to exercise such rights, then he shall be given the opportunity of displacing any employee in ajob oflower class @ cation provided he has greater occupational group seniority than the employee being displaced in the lower Job clan @ cation and provided he is quahped and capable ofperforming the work. Employees who are displaced from their jobs- by'this process.will bebgiven the opportunity ofdisplacing employees in lowerjob classifications in the 'same manner. Employees who are so transjared or demoted (bu' t not laid of) shall retain the1r seniority in theirformerJob class @ cation and be ' entitled ,
to, fill any subsequeni vacancies in such. job class @ cation'jnlthe: inverse order of their transfer or"demotidn"ther'from e without regard to*th seitiority ofemp.loyees oflower class @ cation. ' .: - '
~ An employee who is unable to displace'any other employee in his line of _ ,
promotion and is thereby surplus in the lowest job class @ cation in that '
occupational group will be given the opportunity, based on his continuous service seniority, to displace a probationary employee in a startingJobfor which he can quahfy,or the employee with :the least continuous service seniority in'a starting job which the surplus employee is. quahped and capable ofperforming, before he is laid of ' Regular' employees who are so transferred or laid off shall' retain their seniority in their~ former job classificationfor a period of two (2) yearsfrom the date oflayof and shall be entitled tofill any'subseq&ent vacancies in suchjob class @ cation in the inverse order of their layoffwithout regard to the seniority of employees of lower class @ cations, if any. On a subsequent increase of such working force within a period of two (2) years, employees will be called back so work in the inverse order of their layof of available, and able and quah)ed to return to work, before new employees are addedfrom other departments orfrom outside the Company. .
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- *5 In order to avoid unfairness that may exist in any unusual or special
~. case,' the layof and rehiring procedure of this section may be varied by
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, agreement between,the Union and the Company. ,
(E) The unilaterally implemented contract referred to in paragraph 18(C) provides:
kRTICLEIV
..' Seniority Section 1.
"Se'nlority" as used herein .is ' defined as the status accruing to an employee through length of service 'which entitles him to promotions, layofs, recalls and choice of vacation time as hereinafter provided
" Location" as used herein is defined as either the Avon Lake Power Plant, the Ashtabula Power Plant, the Lakeshore Power Plant, the Eastlake Power Plant, the Perry Nuclear Power Plant, all areas within the Northern Region, all areas within the Eastern Region Ashtabula Service Center and Main Av'erme Customer Center, TravelingMaintenance, or the Power Plant ,
Support Center, as appropriate.
(b) " Location Seniority" is the length of service at a particular location while holding a bargaining unit position. For transition purposes, on May 1,1998 Local Seniority shall equal Company Seniority. thereafter, Location Seniority shall accrue in accordance with thejirst senteiice of this
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iubparagraph. . For purposesif computing Location Seniority wider Section 8, bnly, all areas 'within the Northern Region and the Eastern _
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Region Ashtabula Seryice Center andMain Avenue Customer Center shall collectively be considereda " Location. "
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Section 8. .
(a) When a decrease in the number of employees in a given job is necessary, the surplus employee or employees in that job with the least Location' Seniority shall be -first released from the job ^and offered employment in the next lowerjob in the same promotion line, provided that his Location Seniority is greater than that of any employees in the lower job, and this process shall be continued until the necessary number of employees have been laid of either because they are surplus, ar.e not ,
\
quahjied or have rejected thejob ofjobs ofered When an employee has gone down through his own line ofpicmotion he shall be laid off unless he has at least eighteen (18) months' Location Senion,y, in which case he shall be offered employment in the lowest available job in any other line of promotionfor which he has sufficient Location Seniority and quahfications, and which job is held by an employee with less Location Seniority. The displaced person shall in turn have Location Seniority rights over employees in lowerjobs in the same promotion line, as above setforth. ..
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.... . (b) An employee with ten (10) or more years of continuous service with the Company'who would be laid of by application of the preceding 1
,- paragraph, shalbnot be laid of but shall be ofered a bergoining unitjob .
, for which he. is gyahjied ' This. commitment willnot require the Company 16 .
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create a newjob. l7he' Company willfirst offer such ajob in the employee 's Location. If no such job is available in the employee's Location; the Company'will offer the einployee ajob in the same job classyication or of
. no suchjob is available ajobfor which he is quahfied in another Location.
' The, Company will use its best efforts to place the employee in a Location which will not require him to move his residence. Thejob ofered will be such that 'the employee's placement in that job will not displace an
- j employee in the same Location who at the time of transfer has ten (10) or 1 more years of coritinuous service with the Company and will not displace an employee in another Location with more than five (S) years of continuous service with the Company. If the employee refuses thatjob ;
offered him he will be laid of and his right to be recalled will not afected '
by such refusal. Any employee displaced through the application of this Section 8.b shall be considered as a surplus employee in thatjob and the piccedure set forth in Section 8.a of this Article shall then become applicable. The employee with at least ten (10) years of service who accepts ajob pursuant to the terms of this Section shall not have his hourly rate ofpay reduced but shall receive no future general' wage increases unless and until his rate is equal to the marimum ratefor thejob in which .
he~is soplaced
% This Section shall have no application to incapacitated employees or employees who are unable or unwilling to quahfyfor available work and - ,
does notpreclude separationfrom the Companyfor reasons other than lack of work; or demotion in*accordance with applicable provisions of this '
_ Agreement. ' , . . , }. *
(F) On or about May 27,1998 Respondents notified cenain employees, including, .
' ut b not limited to, the following named employees that they,would be' laid off from their respective jobs and did lay them off from their jobs commencing on or about May 27:
Denise M. Acierno Warren V. Agee Russell O. Aitken Donald E. Albertone Paul Albright Timothy F. Alder Rosemary Alexander Ronald P. Alinen Annette Anderson Wayne L. Anderson Tobias Armstrong Edwin Arecho Kenneth R. Auble. Jr. Donald E. Ayers Michael A. Azzarello Robert L. Bacho Simon M. Bajaksouzian Michael C. Baker Charles E. Baldwin Vanessa D. Ball Tps Murphy Ball, Jr. Dasid W. Ballash LawTence K. Barrett. George R. Barsan Gary S. Barsan Romas C. Basic John G Bass, Jr. Daniel Baston Roy C. Bean Dasid J. Beeman Rudy A. Began Robert E. Bell, Sr.
Albert G. Bellis Allen J. Bennett Andrew R. Beno Gregory D. Beursken Rocco Bevilacqua Richard J. Biagiola Howard E. Billups, Jr. William J. Billy, Jr.
Tery L Bittinger Roy L. Bobbitt Gary L. Boettcher Jerome V. Boncella Jeff F. Bordonaro Mark A. Bordonaro Stephen P. Boryk Clare L Bottorff '.
Theodore Boyd Michael A. Boyle Antonio B. Brooks John A. Brown 17
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,3 l, Domas P. Brunecz; Catherine A.Burda' EdwardO. Burns - 'Rhi'Bushnell ,
- James C.' Campbell f Cyrus Ll Carpenter - Gene W. Carpenter .
,Howard F. Campbell ' ,
Michael-W. Carson 1 - Romasit Chabola
- Brian N. Chabot; . J'- Reginald Childs
,. _ Karl A. Cimorelli ? 3 ohn J J. Cirelly * ^ 12rty M. Cloonan - Ronald L. Coates ~
Ford L. Cole ~ Marc B. Comar Joseph C. Coughlin bryan A. Cole Jerry S. Counts William A.Craig Paul M. Crilley- Eric J. Cromwell Edward G. Cummins . . Jerry E. Damron - Larry M. Davis Leon Davis Scott DelPizzo Matthew Dezclan John N. Dickson Mark E. Decress .
John F. Digiandomenico Mark G. Diperna James T. Dipert, Jr.
L Alan L Dieffenbacher Kevin M. Dirlingi Louis J. Dolsak Robert Domachowski James W. Donelan
,I Charles H. Dowdy > Doublas A. Drake . . Christopher A. Drenski Dasid J. Drestinski Roberto B.Dubreuil - Dennis Jc Dudas ~ Richard R. Dudas
- Roman S.Drozd - ~ '
Terry M. Egan - Darryl S. Elom John D. Ertle Gregory F. Dydo ~
. Steven L; Eyring -Richard C. Faecking Brian K. Everett _ Karl F. E>tyn Judson C. Fell Robert R;Fcaton Jay F. Fine -
. Curt A. Farrell L Brian F. Fitzgerald Matthew Fort,Jr; Steven C. Foster Douglas W. Foulkes
' Alfred E. Frazier Loyal A. Freeman - David A.Fritz Donald J. Fousek . ~
- James R. Funderwhite Scott We Furukawa Ivan Gabriel
. Douglas S. Fuke .
Douglas L;Garcia; Michael W. Garnett Paul C.Garriga -
Anthony J. Gamiere Nicola Giancola ' Donald G. Giermann = Ronald J. Giermann Ronald D. Garrison -
Joseph M. Goebl Robert J. Gohas Hugh A.Goodale James R. Glicker Daniel R. Gorey, Jr. John M. Graham Carl W. Gran .
. Robert J. Gorentz Brian Greenwood Brian L. Griffith - Carol F. GrifEth
. Dale E. Greenwell Ronald McGruening _ Michael Guciardo James Haase Gregory E. Griffiths .
William R. Harwood Dean A.Heikowski David G. Henderson Randall J. Harman George J. Henry, Jr. Thomas P.Heppler G. Edward Heyworth - Todd R. Hinkle James M. Hinojosa Albert P. Hoch ~ Vernon Hollins- Edward J. Holstein Kimberly S. Hope Joshua R. Houghtaling Robert A. Ho6ven l Steve L. Horton.~
' Donald R. Hricko ' Michael J. Hrnyak ~ Daniel A.Hu'ghes Margaret Houston -
Joseph J. lacano ' Joseph P. Iglai ,
Nestor.W 4Jakimyszs ERobert S. Jansen. Jr.
C.D.Janz; Damell Johnson . 'Ivery L Johnson, Jr.
Thomas A. Jansen Wilbert Johnson Charles M. Johnston Mark S. Johnston Neal Johnson ~
Joseph J. Kastellec , ._ Ronnie D. Keene '. . DarrellW. Kelly Paul E. Kastelle' Forrest K. Kenn{dy _ - Dale J. Kestran Douglas W. Kiesel ' Rolland S. Kihn Claude J. Kindle Daniel L King Douglas A. Kirk Randall S. Kline ..'
Robert P. Kogut - Gregory Koman Dasid J. Kowall Paul J. Kontsick
' Robert E. Kraus Walter F. Krauss, Jr. William H. Krava Donald C. Kraus Richard J. Krstyen, Jr. Damien J. Kruzel . Charles A.Kupcik Gregory Krejci Kenneth F. Kushner' Darnell Land Gregory A. Landi Mark A.Kurdas
~ Martin A. Langer Mark R.12Cappelain . Martin P. Lehman Steven M. Letterle David Leyva .
Charles J. Lillis, Jr. Timothy A. Lillis Darryl Lindemann Richard H. Longden Thomas P. Loper
- Stephen A. Lochmueller John C. Lombardy Eugene L. levicy Gregory Lowe James E. Lustik Dasid J. Lorince Eugene E. Mackey Robert C. Mahnky . Anhony Malov John R. Lyons Harold Martin Mark A. Martin Stephen C. Martin
- Jerry Marinella
- Mario A'. Martinez Dale E. Masiker .' Philip D. Mathieu Carmen A.Matteo Charles D. McCall Romas McCormick Edward N. Mcdonald
- Martin Mazie Kenneth J. McKay: Charles P. McQueen Kelly K. McCloskey David N. Mcdonald Richard S. Mcdonald Gerald T. McFaul. Jr. Ronald L. Melaragno Philip J. Meli Frank S. Mendlik David F. Merkle ~ John E. Miklos Craig C. Miller Bryan S. Mindek Bruce B. Mrtchell Joseph M. Mlakar
- Roger W. Miller, Sr. .'
John H. Molnar nomas Molnar William W. Monroe Mario Montemarano
. Randy L. Morris ~ Eugene D. Morrison, Jr. Melvin M. Motley ' Gregory R. Mott' j l
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- Thomas A.Mosiel Gloria M. Murdock . John Musacchio Donald E. Nemec I Douglas A.Nenadosich' - Sallie D. Newson Gerald F.Niznik '
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Douglas Nolan Rotert L Novak .- .Scon' A. Novotny Warren K. Novotny Leonar,d O' Dell, Jr.
. fohp.Obranovich .
' ' Richard G. Olah , Leonard W. Olasky, Jr. . James L. Oliverio -
Jerry L. Orf ' ',
. Russell A. Olso'n , ,Ocorge A. Orlando'. Jr. ' Kenny Orozco -
James C. Orr, Jr. Shawn M. Osbome .
Ronald W. Park . Jason A. Parrish .
Romeo W. Patterson, Jr.' , Marilyn E. Pa)me Ramon L. Perez Vincent Peric .
j James J. Perry Kenneth L. Perry William J. Perusek Donald J. Pesta i Raymond Se Peteritis Dale R. Pinney, Jr. Thomas C. Pinta Gary R. Plungas John R. Pollock . Gary L. Poole Patrick C. Power Joseph A.Pridemore James Henry Prill' Richard F. Radovanic Nick A. Ranallo, Jr. Christopher J. Reardon Judy A. Reed Robert J. Reed Robert C. Reiser Raymond J. Ressler Edward J. Revay Robert A. Rexroad .
Mickey E. Re>uolds Mitchell R.Ribis Elauter Rivera Christopher C. Roberts Walter C. Rob'mson Angelo L. Rocco Jeffrey A. Rocco Cynthia L Rogers Vincent Rohm Jesus Rosalez Lewis D. Ross Nelson D. Rowan 'Itomas P. Roznik Robert R. Ruck Joseph W. Ruffm John F. Rumancik Emil J. Runt Dale M. Russo James P. Ryan Lori J. Rys Richard Sanchez Michael J. Sanders
. Julio Santiago Bruce Schiffbauer Gary E. Schor Danny W. Scolaro James Scott . Bobbie R. Seagraves Andrew G. Sebok John L. Sedlak George M, Seigman Terrance J. Seith Kevin Sepik' . Steve A. Sferra Scott A.Shebestak Brian B. Shuss - Anthony N. Signorelli Garry L. Simons Robert T. Simmons Willie L. Simmons David L. Simpson - Robert.Sintic Douglas E. Smith Brian E. Soeder Steven L. Sparks Robert M. Spelich Donald H. Spence Michael C. Spencer MichaelT. Spencer Harland L. Sprinkle Charles J. Sprosty, Jr. Charles J. Steenstra David K. Stenroos Lee A. Stewart, Jr.
Richard H. Stonitsch John C. Stinger Kim M. Summerville Tony M. Sutyak Gordon A. Swan, Jr. Harry R. Tabor, Jr. . Jack L. Tabor Matthew Tabor, Jr.
William F. Taft . .
Deborah Takah Victor A.Taketa Jonathan S. Taylor .
Michael J. Terwoord ' Danny Thomas Dean A:Tibbs Charles R.Tilburg ' s John F.Toth Frederick L.Tracy Ernest Tufts, Jr. . Samuel S.Tumino Joseph M.Tumer John J. Uhrain,11 Frank W. Vacha,'Jr. Gehe P. Vasiloff Mark A.Vendetti Oordon A.Vojtech . Lee G. Vollman Gregory J.'Volpe T David W. Wagner ' John W. Wald Richard M. Walcher Frank R. Waldman' -
Jerry L. Walker Michael J. Walker Noel A. Walker Thomas V. Wallace .
I Joseph G. Watson David E. Wells
' Gary A. Ward John A. Ward ,
Robert F. Wenning,11 Kenneth L Wessolek Gary A. Westerhold Mehin Whitley Eddie S. Williams, Jr. Esper Wialliams . James H. Williams Wiley P. Williams Max G. Wilson Richard W. Winiski Diana J. Wiser Raymond A.Wodzisz Max C. Wolford Steve Woods Charles C. Woodworth David L. Woodworth, Jr.
Walter 0. Worley. Jeffrey S. Wozniak Frank W. Zabudske James A.Zaebst Bret A.Zak Martin A.Zart Steven J. Zbin Timothy T. Zrubek l Ernest A.Zsebik I (G) On or about May 27,1998, Respondents notified certain employees, including, but not limited to, the following named employees that they would be laid off from their respective jobs, and did lay them off from their jobs on or about May 27 through June 10,1998, )
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but subsequendy, prior to January'3'0,' l1999, recalfe'd them .to p'sitions o of employment,
. unilaterally, without bargaining ~with the Union:
Jared Alvarez Ricky C. Barnett Jason M. Bean Laura A. Becerra .
Robert A. Bosiacki Robym E. Bruson Glendon J. Bumham Thomas R. Clingerman Thomas P. Cook Anthony Costanzo Douglas E. Cunningham Stanley F. Dasid David A., Doughty Raymond Douglas Eric L. Earskine Dasid W. Evans Chuck E. Fidler Dennis W. Flack Kevin M. Flynt Christopher R. Fredriks Gregory E. Grubb Reginald L. Hamilton Gary P. Hasselbach- Daniel L. Henningan Garrick A.Hietala Thomas J. Hill Willaim M. Holtz Robert S. Hoose Glen A.Huhalchick - Mark L. Inman George F. Jackson Erik Howard Mark A, Jeglie Richard Kalivoda Jemaine Kennedy Kenneth P.-Kosarko-David Kruzel Terry W. Lanham Delbert B. Laskowski Richard S. Mainar John C. McDermott Joseph D. Miklavic Robert C. Miller Patrick A. Micor Thomas A.Munz George P. Nagle, Jr. James M. Neary Ava Newton Timothy O'Loughlin - William H. Pascol Bryan C. Phelps . Thomas M. Poje James M. Rastall James T. Rearick Lawrence Roberts, Jr. Donald Robinson Frank A. Ruolo, Jr. Robert Sackett George W. Schoepe,111 Elizabeth Rullen Rajko R. Senica Greg A. Senskey . Derrick Spivey Tom D. Stitt Michael R. Straka Daniel F.'Straky Daniel J.Tanno James J.Tauno Bruce Washington Bmce Washington, Jr. Aaron Williams (H) Respondents engaged in the conduct d'escribed above in paragraphs 19(F) and 19(G) because the na~med employees of Respondents joined and assisted the Union and engaged in concerted activities and to discourage employees from engaging in these activities. ,
(1)' The conduct describe'd'above in paragraphs .19(F) and 19(G) is inherently destructive to the rights gusanteed employees by Section 7 of the Act. ,
(J) The subjects set forth above in paragraphs 19(A),19(C),19(D),19(E),19(F) and 19(G) relate to wages, hours, and other terms and conditions of employment of the Unit and are mandatory subjects for the purposes of collective bargaining.
(K) Respondents engaged in the conduct described above in paragraphs 19(A),.
19(C),19(D),19(E),19(F) and 19(G) without prior notice to the Union and without affording the Union an opportunity to bargain with Respondents with respect to this conduct and the effects of this conduct.
- 20. (A) The collective bargaining agreement described above in paragraph 6(E) provides:
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,,. ARTICLE XII Working Conditions -
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- For the duration of this agreement the Company does not intend to
- expand its present practices with respict to the employment of outside
' contractors and will contirme eforts to minimi:e the employment of outside i contractors to perform work ordinarily and customarily done by its regular e' inployees.
However, where specificJobs, ordinarily and customarily done by regular employees, are required to be done within a specJied time, and the work cannot be done by the regular employees in the time required for completion, the Company will notify the Union of such outside contractor work on a timely basis, as conditionspermit.
Further, the Company agrees it will not employ outside contractors when he employment of such outside contractors would result in and directly relates to the layof demotion or reduction of hours below'the statutory straight time work week ofits regular employees.
(B) The unilaterally implemented contract referred to in paragraph 18(C) provides:
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Article XH Working Conditions L. J Section 6.
It is the intention of the Company to staffor normal running operations and maintenance, as defined and determinedfrom time to time by the '
Company in accordance with Articli 111 and therefore the Company -
reserves the right to contract work related to yeakperiods, such as outages, T overhauls or specialty u ork not ordinarily and customarily performed on a .
day-to-day basis durirpg such periods of normal running operations and '
maintenance, work required to be done within a specified time when such jobs cannot be done by the regular employees because of volume of worli, as well as work that is not core to normal running bperations or maintenance. Some examples include, but are not limited to, tree trimming, custodial work, vehicle washing, snow removal, painting.. lawn care, building maintenance, mobile equipment maintenance, plant cleaning, elevator repair, HVAC maintenance, underground trenching and duct l installation, and other work of a similar nature as determined by the l Companyfrom time to time. !
(C) Since ~on or about May 27,1998, and continuing to date, Respondents have subcontracted the following work which is work performed by employees, including those on lay i off, in the unit referred to in paragraph 6(A): '.
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+ Semi-skilled and skilled repair ' work o'n coridensers, turbines, boilers, fans, air compressors, pumps, and auxiliary equipment involving welding, sheet metal work, '
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. pipp-fitting.a'nd ,maching shop work. ,
+ Repair, and/or replacing, aligning, balancing of rotating equipment.
+ Performin'g code and non-code welding, oxyacetylene burning, layout and fabrication
.. of parts, maintenance to piping.
+ Removing, and/or repairing, and/or installing boiler tubes, repairing boiler accessories, auxihary equ pment, and valves.
+ Machining and making parts and assemblies.
+ Performing insulation and refactory work, by installing, removing and repairing both hazardous and non-hazardous insulation.
+ Setting up rigging, tackle, blocking, scaffolding,' ladders, moving heavy parts, and equipment ~
+ Repairing, and/or replacing motors, associated equipment, and rewiring.
+ Repairing of ductwork, precipitators, hangers, boiler feed pumps, feedwater heaters, and diaphragms.
+ Re';iairing, and/or replacing, resetting, testing, switchgear, devices and relays.
+ Repairing, and/or replacing coal and ash-handiing equipment, nuva feeders, fluidizing systems, and railroad repairs.
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+ Cleaning, 'remcivin'g slag, flyash and debiis using wate'r, and/or vacuum equipment.
+ Performing excavation, backfilling, forming of and pouring concrete, asphalt, -
underground tank removal, and r.oad repairs.
} + Repairing, and/or replacing, and/or installing,. siding, flashing, gutters, downspouts, trench drains, glass and windows, doors, overhead doors, water lines, plumbing, sprinkler systems, handrails, fence repairs, sewers,' manholes, and general construction.
.+ Repairing, and/or. replacing, and/or installing, . conduit, lighting, performing maintenance on elevators, and overhead cranes.
+ Inspection and troubleshooting equipment.
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+ Performing sandblasting and guniting.
+ Installing, and/or repairing, and/or replacing conveyor belts, sootblowers, chutes, pumps, strainers, and scales. l 22 '
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}, . . + Performing maintenance and repairs to locomotives, .towmotors, trucks, vans, cars,
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, and other equipment. -
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. ' & Performing plant clean-up, substation" clean up, housekeeping, janitorial, landscaping, and sinowre~moval.
+ Diagnostic testing, pole reinforcement, flagging and safetyman duties.
- -(D) . The subjects set forth above in paragraphs 20(A), 20(B) and 20(C) relate to wages, hours, and other terms and conditions of employment of the Unit and are mandatory i subjects for the purposes of collective bargaining.
(E) Respondents engaged in the' conduct described above in paragraph 20(C),
without prior notice to the Union and without affording the Union an opportunity to bargain with Respondent with respect to this conduct and the effects of this conduct.
(F) As part of the remedy for the unfair labor practices alleged above in paragraphs 20(B) and 20(C), the General Counsel seeks an Order requiring Respondents to reinstitute its illegally subcontracted work as it existed prior to May 27,1998, consistent with the collective N. ,
bargaining agreement referred to above in paragraph 6(E). The General Counsel further seeks ,
other relief as may be appropriate to remedy the unfair labor practices alleged. j
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- 21. (A) .Since about June 11, 1998, and at'various times thereafter, including July 8,'
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1998, the Union by letter has requested Respondents to furnish it with subcontracting - .
information regarding certain enterprises, including Valley Systems and Servall Service I Company (B) The information requested by the Union, as described above'in paragraph 21(A) is necessary for, and relevant to, the Union's performance of its duties as the exclusive collective-bargaining representative of the Unit.
(C) Since about July 2,1998, Respondents, by letter, have failed and refused to furnish the Union with the information requested by it as described above in paragraph 21(A).
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.~ , s 22.' (A)Uin or about July 19U8','R'espondent's unilater'aliy'cha'nged- their -
leave of absence 4
. . . . polic'y rejarding employees holding union office, specifically President David Kotecki and Vice ,
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-;,;.:.n :,w . g. k.vv.. ,
President Robert J. Chet, with respect to their pension an'd health coverages, pr6scription drug l 1
- coverage, d, ental covirage and life insurance.
(B), Respondents engaged in the conduct described above in paragraph 22(A), .
I because the above-named employees of Respondents formed, joined and assisted the Union and f engaged in concerted activities and to discourage employees from engaging in these activities.
(C) The subjects set forth above in paragraph 22(A) relate to wages, hours, and ,
other terms and conditions of employment of the Unit and are mandato'ry subjects for the purposes of collective bargaining.
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(D) Respondents engaged in the conduct described above in paragraph 22(A),
without prior notice to the Union and without affording the Union an opportunity to bargain with R spondents,with respect to this conduct and the effects of this' conduct. I
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- 23. ; (A) Since July 6,1998, the Union, by letter has requested Respondents to~fumish it '
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with information regarding FirstEnergy Nuclear Operating Company (FENOC), including
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- studies, discussions, and plans relative to_FENOC's impact on the Uiilt. -
9a (B) Ihe information requested by the Union, as described above in paragraph 23(A) is necessary for, and relevant to, the Union's performance ofits duties as the exclusive collective-bargaining representative of the unit.
(C) Since about July 15,1998, Respondents, by letters, have failed and refused to furnish the Union with the information requested by it as described above in paragraph 23(A).
- 24. (A) In or about mid-July 1998, . Respondents, at various locations, unilaterally implemented and solicited employee location preference forms from employees in the Unit.
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- g. (B) The subject set forth above in paragraph 24(A) relates to wagest. hours, and
. ' - other, terms and conditions of employment of the Onit an'dare. mandatory subjects.for the purposes of collective bargaining.
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(C) Respondents engaged in the conduct described above in Paragraph 24(A),
without pSor notice to the Union and without affording the Union an opportunity to bargain with
- Respondents with respect to this conduct and the effects of this conduct.
- 25. (A) By the conduct described above in paragraphs 7 though 24, Respondent CEI has been interfering with, restraining, and coercing employees in the exercise of the rights l
guaranteed in Section 7 of the Act in violation of Section 8(a)(1) of the Act. l (B) By the conduct described above in paragraphs 7,12 through 24, Respondent FirstEnergy has been interfering with, restraining, and coercing employees in the exercise of the l i
rights guaranteed in Section 7 of the Act in violation of Section 8(a)(1) of the Act. {
- 26. (A) By the conduct described above in paragraphs 19(F),19(G),19(H),19(1),
22(A) and 22(B), Respondent CEI has.been discriminating in regard to the hire or tenure o,r j i
terms or conditions of employment.ofits employees, thereby discouraging membership in a labor
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organizat' ion' in violation of Section 8(a)(1) an'd (3) of the Act. ~
(B) By the conduct described above in. paragraphs 19(F),19(G).19(H),19(l), j 22(A) and 22(B), Respondent FirstEnergy.has been discriminating in regard to the hire or tenure or terms or conditions 'of employment ofits employees, thereby discouraging membership in a labor organization in violation of Section 8(a)(1) and (3) of the Act.
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- 27. (A) By the conduct described above in paragraphs 8, 9, 10, 11, 12(B), 12(C),
12(D), 12(E), 12(G), 13, 14, 15, 16, 17, 18, 19(E), 19(F), 19(G), 19(K), 20(B), 20(C), 21, 22(A),
22(D),23 and 24, Respondent CEI has been failing and refusing to bargain collectively and in good faith with the exclusive collective bargaining representative of its employees within the meaning of Section 8(d) of the Act in violation of Section 8(a)(1) and (5) of the Act.
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' 1(B) By the cdnduct describ'ed ab6ve in paragraphs'12(E),12(G),13,14,J15,16,17, 18,1.9(E),19(F),19(G),19(K), 20(B), 2'0(C),'21, 22(A), 22(D), 23 and 24, Respondent FirstEnergy has been failing and refusing to bargain' collectively and in good faith with the exclusive collective-bargaining representative of its employees within the meaning of Section 8(d) of the Act in violation of Section 8(a)(1) and (5) of the Act.
- 28. (A) The unfair labor practices of Respondent CEI described above affect commerce within the meaning of Section 2(6) and (7) of the Act.
(B) The unfair labor practices of Respondent FirstEnergy described above affect commerce within the meaning of Section 2(6) and (7) of the Act.
.PLEASE TAKE NOTICE that commencing'at a date, time and place'to be designed later, a hearing will be conducted before an administrative law tjudge of the Board on the allegations in this complaint, at which time and place any p' arty within the meaning of Section 102.8 of the Board's Rule's and Regulations will have the right to appear and ~present' testimony.
7 Responden't is further notified that, pursuaht to Section's 102.20 and 102.21 of the Board's' Rules and Regulation's, Respondent shall file with the undersigned an original and 'four (4) copies
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? of an answer to this c5iiplaint within'14' days from' 5ervice of'it, arld that, unless. Respondent!
does so, all the allegations in the complaint 'shall b'e considered to be admitted to be true and shall be so found by the Board. ' Respondent'is also notified that' giursuant to'the Board's Rules and Regulations, Respondent shall serve a copy ofits answer on each of the other parties.
Form NLRB-4338, Notice, and Form NLRB 4668, Summary of Standard Procedures in Formal Hearings Held Before the National Labor Relations Board in Unfair Labor Practice Proceeding Pursuant to Section 10 of the National Labor Relations Act, As Amended, are attached.
Dated at Cleveland, Ohio .this 1st day of April 1999. l 26 1
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/s/ Frederick J. Calatrello s
Frederick J. Calatrello Regional Director National Labor Relations Board Region 8 Attachments ss i
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