10 Guards Return to Work After Resolution to ‘Sick-Out’ Complaint
Ten out of 11 Pantex security guards who were initially fired after investigators determined they committed "sick leave abuse" by skipping a January drill at the Texas nuclear weapons plant are now back at work. B&W Pantex suspended the guards Jan. 23, alleging they called in sick Jan. 21 to "avoid" a drill scheduled on the evening construction shift, a claim the Pantex Guards Union denied. The union represents roughly 400 security officers at Pantex.
The company filed an unfair labor practices complaint against the guards union Jan. 23, alleging the "sick-out" was planned in advance, violating a collective bargaining agreement and federal law. The company’s charge, filed with the National Labor Relations Board, claimed the alleged sick-out constituted a mid-term strike or work stoppage, violating an agreement between B&W and the union. "This sick-out was a concerted activity, planned in advance by the 11 [security police officers] SPOs in question, at least one of whom was a union officer," the charge alleged. "As such, notwithstanding any after-the-fact disavowals of the sick-out by the union, the union had knowledge of the sick-out and failed to prevent or stop it."
‘They Basically Settled It’
The union steadfastly denied the charge and later filed a grievance against the company on behalf of the disciplined workers. The union and the contractor now have resolved the simmering dispute, said Martha Kinard, a regional director for the NLRB.
"They worked it out and the employer withdrew the charge on May the 12th. They basically settled it. They reached a private agreement, which we permit as long as it meets certain criteria," Kinard said. "The parties bargained in good faith to reach the agreement and the agreement was basically that the SPOs would not abuse sick leave in violation of the contract and they would be put back to work without back pay. The parties effectively agreed that employees in the union would end and not engage in a concerted work stoppage in breach of the contract. … Generally speaking, what that means is everybody will withdraw their grievances and withdraw the charge because they have reached agreement."
B&W said in a statement that it considers the squabble resolved and that the plant remained "safe and security at all times" during the sick-out. "Ten individuals have been returned to duty following an unpaid disciplinary suspension of nearly 14 weeks for ‘sick leave abuse’—misrepresentation of sick leave request. One of the individuals chose to not return to his position. This resolution resolves all grievances and unfair labor practice charges associated with this case," the company said in a statement. Calls to officials with the Pantex Guards Union were not returned.
