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Management Side
National Labor Relations Board finding may lead to rehire of fired KapStone workers

LONGVIEW, Washington (From the Daily News) -- Five former KapStone employees fired after last summer's 12-day strike may get their jobs back.

National Labor Relations Board investigators say they found no evidence that the workers engaged in any wrongdoing during the walkout. The company can accept that determination, settle the case or take the case to an NLRB trial judge.

KapStone accused four striking workers of blocking public right-away and one of kicking a truck, according to the union, the Association of Western Pulp and Paper Workers Local 153. One of the workers who lost his job was the union member who was hit by a car while on the picket line.

Misconduct during a strike would void a worker's right to get his job back after the walkout ended. However, the union contends that KapStone was merely retaliating against workers engaging in lawful strike activity. It filed unfair labor practice charges against KapStone with the NLRB in an attempt to the employees rehired.

After an initial investigation, the NLRB staff found there isn't enough evidence to support allegations of employee misconduct, said Ronald Hooks, regional director for the NLRB.

Hooks said Wednesday that the agency will contact to KapStone in effort to reach a settlement, which would include offering workers their jobs back. If no settlement is reached, a judge would likely end up ruling on the matter, Hooks said. If the judge sides with the union, Hooks said KapStone would have to offer workers their jobs back and provide back pay plus interest dating back to the day the mill workers returned to work after the strike on Sept. 8.

It's not clear yet whether KapStone will try to settle the case to avoid a trial. KapStone officials were unavailable for comment Wednesday. The additional unfair labor practice complaints likely would be added to an NLRB hearing already scheduled in March.

All five former employees are still without work, said Kurt Gallow, president of AWPPW Local 153. Only two of those workers are receiving unemployment benefits, he said, because the state denied benefits to the three other workers. The union is appealing that decision, Gallow added.

Gallow said he's hopeful KapStone will rehire those workers after the NLRB's action this week.

"It makes sense for the company to put them back to work as soon as possible" rather than accumulate more interest on back pay, Gallow said Wednesday.


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