Let's try this again

MULLAN — In a last-ditch effort to get a new deal together before the new year, representatives with United Steelworkers Union 5114 chapter and Hecla Mining Company met last week to reach a new tentative agreement and end the ongoing labor strike at the Lucky Friday Mine.

Announced on their Facebook page, USW 5114 staff representative Tim Swallow stated that the two sides have once again reached another 3-year tentative agreement.

“The subjects that were discussed in great detail were the silver price premium plan, the miners being guaranteed the same (stope), the picket line terminations, and the return to work physical/essential functions test.”

By a mail-in vote of 71 votes “for” to 80 votes “against,” union members shot down the last tentative agreement on Dec. 16. The voting results also showed that 6 of the 157 total ballots cast were voided. To pass the agreement, a simple majority vote of 50 percent plus 1 is needed.

On Dec. 24, the union then released several documents explaining what they say is new with this tentative agreement, descriptions of Hecla’s rights to replace striking workers, and instructions to vote electronically (rather than mail or in-person).

Union representatives state that in this new contract, the Company has agreed:

- to modify the November 2019 Strike Settlement Agreement language with respect to the physical exam and essential functions evaluation; and

- to provide certain work accommodation assurances and dispute settlement provisions; and

- to retain all other provisions previously negotiated, including the $1,000 signing bonus for all bargaining unit employees not separated from Hecla.

Union leadership added that, “we, the USW and Local 5114, believe the proposed tentative agreement addresses the issues most important to our families and provides long-term security for our earnings, benefits and retirements that we need.”

Based on the provided documents, the only changes made to the new “Strike Settlement Agreement” document compared to the previous one concerns Section 1, “Right to Work,” subsection b.

Added to this subsection is wording that allows employees who were provided reasonable work accommodations in the past to keep those accommodations when they come back. This only applies if the employee is returning to the same career path they had before the strike.

Further addendums clarify that if a doctor deems a returning employee incapable of performing their duties, that employee can request new accommodations to continue their current job, move to a new job with less physical demands, or dispute the findings by the doctor.

Based on the released documents, the language in the new 30-page tentative agreement remains unchanged to the previous one. For more information on what was in that previous agreement, check out our story here or visit www.hecla-mining.com.

For this latest vote, USW 5114 will be utilizing BallotPoint, a voting service that provides electronic and telephone services. Union members have until 7 p.m. PST on Jan. 6, 2020, to cast their ballot.

Since the union members decision to reject the previous agreement, Hecla Mining Company announced that they would be moving forward without the union workers.

“We will now accelerate hiring and utilizing contractors with the goal of reaching full production by year-end 2020. While we would have preferred ratification of the agreement reached by the two negotiating committees, after three years of negotiating we believe the best interests of the company and community is the Lucky Friday in full operation,” Hecla President and CEO Phillips S. Baker Jr. explained in an earlier news release.

According to USW, Hecla is free to hire permanent workers to replace striking ones due to the strike not being over “unfair labor practices.” The strike was originally launched under the category of unfair labor practices, but switched to “economic” reasons in May of 2019.

The future existence of USW 5114 will also be brought into question if a deal is not reached soon. If the strike continues past the 3-year mark (March 13, 2020), 30 percent or more of the bargaining unit (which includes striking unit members, former union members who crossed the strike line, and permanent replacement workers) may petition the National Labor Relations Board for a vote to decertify or remove the union completely.

As of Dec. 27, the union miners at the Lucky Friday will have been on strike for 1,020 days.