Covanta guilty of rights violations

U.S. National Labor Relations Board Finds Covanta Energy “Overwhelmingly” Violated Workers’ Rights

An Administrative Law Judge of the U.S. National Labor Relations Board has found Covanta Energy and its SEMASS subsidiary guilty of numerous federal labor law violations, including by withholding nearly $1 million in bonuses and wage increases from 140 workers at the SEMASS plant in West Wareham, Massachusetts in retaliation for the workers exercising their right to form a labor union.

The ruling by Administrative Law Judge David I. Goldman requires Covanta to repay to workers the money illegally withheld with interest, and to bargain with SEMASS workers’ union over terms and conditions of employment before making any changes.  Covanta’s illegal conduct caused employees to lose between 8% and 11% of their annual compensation during 2009.

The March 26, 2010, decision involves the administrative phase of numerous charges pending against Covanta.  In addition, the NLRB has petitioned a U.S. federal court in Boston for an injunction against Covanta’s illegal conduct.  If the court rules against Covanta, the company will be required to immediately comply with the order, even while the administrative case continues through the NLRB process.  The injunction petition is still pending.

Gary P. Sullivan, President of Local 369, Utility Workers Union of America, AFL-CIO, hailed the NRLB decision.

This Union has long known that Covanta viciously punished these workers because they organized and demanded dignity and a voice in the workplace, This ruling lets the rest of the world know that, without question, Covanta broke the law and will have to put things right.

The NLRB decision is one more step in the Union’s campaign for justice for Covanta employees. SEMASS workers formed a union in May 2008 under the banner of UWUA Local 369. In the nearly two years since that vote, the employees’ efforts to negotiate a first union contract have been obstructed by Covanta’s illegal conduct.

The unfair labor practices at issue in Judge Goldman’s decision occurred in February 2009, and the Union immediately filed charges with the NLRB challenging the illegal conduct. The decision is available online.