Late last week we learned that the General Counsel of the National Labor Relations Board has decided to issue a formal Complaint against American Water on the grounds that the Company’s unilateral implementation of massive cuts in healthcare and other benefits in January 2011 violated federal labor law.

This decision affects over 3,400 union members at American Water facilities throughout the United States. These workers’ healthcare and certain other benefits are covered by a National Benefits Agreement between the Company and nine International Unions -- the UWUA, AFSCME, IBEW, IUOE, LIUNA, SEIU, UA, UFCW/CTW and USW. The Unions bargain jointly over the National Benefits Agreement.

In November 2010, members throughout the country voted overwhelmingly to reject the Company’s demands for big cuts for workers while continuing big profits and big bonuses for bosses. In January 2011, despite our protests, American Water went ahead with the cuts. The Company’s unilateral cuts have resulted in every member paying much more for healthcare with higher monthly contributions, higher deductibles, higher co-pays, and lower benefits.

The Unions have stayed united against American Water’s assault on our members. In April 2011, the UWUA filed an Unfair Labor Practice charge with the NLRB on behalf of all union members represented by the nine International Unions that bargain the National Benefits Agreement. A copy of the charge is attached to this bulletin.

After a lengthy investigation, the NLRB determined that there is reasonable cause to support the charge and to warrant issuance of a formal Complaint against American Water. The Complaint is expected to issue in a few weeks. Among other things, the NLRB will be seeking a remedy requiring American Water to reimburse every union-represented employee for the economic losses he or she has suffered due to Company’s unlawful implementation of cuts in healthcare and other benefits under the National Benefits Agreement.

Of course, an NLRB Complaint is not the end of our struggle for justice and fair bargaining at American Water. The Complaint will be the subject of a trial before an NLRB Judge. After the Judge issues a decision, there may be appeals. But the issuance of a Complaint is a major development, as the NLRB has a high success rate on cases that go to Complaint.

This unfair labor practice litigation is only one part of our all fronts campaign to get American Water to bargain fairly and to treat its employees, our customers, and our communities with the respect and consideration they deserve. Union workers at American Water care deeply about their jobs and their industry.

We believe that getting utility employers to treat our customers and our communities with dignity and respect goes hand in hand with getting utility employers, like American Water, to treat union employees with dignity, respect, and good faith at the bargaining table and on the job.

Click Here to View the complaint charge filed by UWUA.

Click Here to Read More articles about UWUA and American Water.