Union representing KY American Water workers to strike, alleges unfair labor practices
A labor union representing 68 Kentucky American Water employees will go on strike beginning Friday evening, union officials said late Thursday.
The National Conference of Firemen and Oilers, sometimes called NCFO, said the strike will begin shortly before midnight Friday.
“Our members, the workers that provide safe drinking water to the Lexington, Fayette County area, are asking the company to bargain in good faith,” Robert Smith, NCFO secretary-treasurer, “To address the workforce’s concerns and meet the needs of the workers that have faithfully provided non-stop service through the pandemic and some of the most trying times in the past years.”
The union has filed several complaints with federal labor officials alleging unfair labor practices that include allegedly asking union members about union activities and attempting to negotiate directly with workers.
The four-year contract with NCFO, SEIU 32BJ expired on Nov. 1. After four months of negotiations, the union filed complaints with the National Labor Relations Board last week and this week.
The union alleges the company is bargaining in bad faith and violating several labor laws.
The union wanted to continue to meet with company officials to ink a new contract. The company sent a final offer and refused to negotiate. It wanted the union to recommend the membership vote to ratify the company’s last offer, said Smith.
The union refused, he said. Instead, the company sent the offer to the membership directly and said the union had agreed to the final offer, which it hadn’t.
Smith said supervisors had asked membership about union activities and union plans, which is also not allowed.
Kentucky American Water said they are confident federal labor authorities will side with the water company.
“Unfortunately, filing allegations of unfair labor practices against an employer is a common strategy in these situations,” said Susan Lancho, a spokeswoman for Kentucky American Water. “While we are not able to comment on pending actions, the company is confident that the NLRB will find, as we have, that the charges made are without merit. In any event, the company remains willing to accept the union’s ratification of the company’s offer.”
According to a release from NCFO, Kentucky American Water also implied if a work stoppage occurred employees would have to turn in all of their uniforms and badges in addition to other equipment. That lead some employees to believe they would be terminated if there was a strike, Smith said. The company can’t do that, he said.
Smith said NCFO has successfully negotiated contracts with other American Water divisions in other states.
“We’ve had a great relationship,” Smith said. “I’ve spoken up for American Water at labor conferences.”
Kentucky American Water has seen profits and dividends to its investors skyrocket over the past five years, union officials said. Profits have increased by more than 50 percent and dividends to investors have jumped 61 percent in that time frame, the union said.
“NCFO is asking Kentucky American Water to come to the table with a proposal that meets the needs of, and shows respect for, the workers who have faithfully continued to provide this vital service throughout the pandemic and some of the most trying times our community has had to endure,” the union said in a statement.
The National Labor Relations Board will review the union’s complaints. If it deems those complaints have merit, it will issue a complaint against Kentucky American Water. A decision on the merits of a complaint typically take between 7 to 14 weeks, according to the National Labor Relations Board website. During this period, the majority of charges are settled by the parties, withdrawn by the charging party, or dismissed by a regional director, according to the National Labor Relations Board website.
Kentucky American Water serves 14 counties including Fayette County.
This story was originally published February 10, 2022 at 6:16 PM.
