Active wages, healthcare, work rule, etc.
Upon expiration of our collective bargaining agreement, we remain the certified collective
bargaining representative of all Deer Creek miners and Energy West remains obligated by law to
bargain with us to agreement or impasse prior to making
employment. This includes changes to active wages, healthcare benefits, seniority, pension
contributions, work rules, etc., and also includes any discipline or discharge of members without
just cause (because just cause protection is an existing term of employment). Our recourse for
any unilateral change is an unfair labor practice charge with the Board.
The collective bargaining agreement with Deer Creek provides for “lifetime” retiree healthcare.
Many courts, including courts in the jurisdiction that encompasses the Deer Creek mine, have
enforced the obligation in the NBCWA to provide retiree healthcare for life to those retirees who
have a vested right to health care. If Energy West stops paying retiree healthcare, we will fight to
ensure the lifetime retiree healthcare promise is honored.
Grievances that are filed prior to expiration of the agreement will be processed through to
arbitration. In most cases, post-filing grievances will not be processed.
Questions and Answers
Q: If we continue to work past November 12, 2013, while continuing to bargain a contract,
can Energy West hire contract miners to supplement the workforce?
A: Not while still negotiating, absent impasse.
IF WE ARE LOCKED OUT...........
Q: Will we be eligible to collect unemployment insurance?
Q: Will we still be eligible to collect our contractual supplemental unemployment benefits?
A: Yes for 26 weeks (same as layoff).
Q: Will we still have our contractual health care?
A: Yes, same as a layoff - One(1) Year.
Q: Can the company attempt to scab the mine?
Q: Can we put up pickets?