NATIONAL LABOR RELATIONS BOARD ANNOUNCES $4.9 MILLION SETTLEMENT WITH BOUCHARD TRANSPORTATION COMPANY, INC.
WASHINGTON, Dec. 10 /PRNewswire/ -- Daniel Silverman, acting general counsel of the National Labor Relations Board, announced today that Bouchard Transportation Company, Inc., of New York has agreed to pay $4.7 million in back pay to 163 employees and $200,000 in associated reimbursable expenses to the union, in settlement of a long-standing unfair labor practice case initiated by Local 333, United Marine Division, International Longshoremen's Association. The case arose in 1988, when the company, during negotiations for a new collective-bargaining agreement, insisted to impasse over a new definition of the established bargaining unit, which is composed of sea- going employees on its fleet of barges and tugboats. The company locked out its employees shortly before the union rejected the company's final offer and called a strike. The charges had been the subject of extensive district court and injunctive litigation. In 1988, the U.S. District Court for the Southern District of New York issued an injunction directing the company, pending the board's decision in the cases, to withdraw its proposal on the scope of the union, rescind its unilateral changes, reinstate its striking employees and bargain in good faith. In 1989, the board petitioned the district court requesting that the company be held in civil contempt of the court's order, based on its failure to comply with the injunction. In March 1991, U.S. District Judge John F. Keenan found that the company had violated the November 1988 order by failing to utilize the hiring hall. At the time the settlement was reached, the unfair labor practice hearing had not been completed, and the district court had not yet decided the remainder of the contempt case. Under the terms of the settlement agreement, which is subject to the approval of the board and enforcement by the U.S. Court of Appeals for the Second Circuit, the company also agreed to offer immediate reinstatement to approximately 73 former strikers who have not yet returned to work. The board's New York City Regional Office has computed, and upon enforcement of the board's order, will begin to immediately distribute the back pay for lost wages and benefits to approximately 163 employees. The union and the company recently agreed to a new three-year contract, which will remain in effect until Nov. 30, 1996. The settlement does not affect related, ongoing litigation involving Reinauer Transportation Companies, Inc., Turecamo Coastal and Harbor Towing Co., Ekloff Marine Corp., Moran Towing and Transportation Company, Inc., and Morania Oil Tanker Corp. In announcing the agreement between the parties, Silverman stated: "This settlement resolves a protracted labor dispute that has disrupted the lives of employees and interfered with business operations in New York Harbor for nearly six years. The reinstatement of the former strikers with substantial back pay, along with the new three-year contract negotiated by the parties, will restore an important collective-bargaining relationship between the union and the company. The commendable efforts of union attorneys Daniel Engelstein and Seymour Waldman and employer attorney Ray McGuire in amicably resolving this case with our New York Regional Office will allow all of the parties to avoid expensive and lengthy additional litigation. The agency is particularly appreciative of the efforts of trial attorneys Don Zavelo and Ian Penny, whose tenacious prosecution of the case provided the opportunity for a fair settlement." -0- 12/10/93 /CONTACT: National Labor Relations Board, 212-264-0300 or 202-273-1991/
CO: National Labor Relations Board; Bouchard Transportation Company,
Inc. ST: District of Columbia, New York IN: TRN SU:
KD-DC -- DC029 -- 2721 12/10/93 15:07 EST