NLRB: Whirlpool ruling likely by February

The earliest could be mid-February when the National Labor Relations Board rules on a labor contract violation charge against Whirlpool, according to Ronald Hooks, regional director the NLRB.

The United Steelworkers Local 370 filed on Dec. 22 a complaint with the National Labor Relations Board alleging that Whirlpool Corp. is violating terms of a labor contract. The complaint alleges that officials with Benton Harbor, Mich.-based Whirlpool Corp. are ignoring terms of an existing labor contract as they move to close the Fort Smith refrigeration manufacturing plant by mid-2012.

Whirlpool announced Oct. 27 it would close the plant, resulting in the expected loss of 1,000 jobs.

Clyde Dailey, international representative with the United Steelworkers, filed the charge against Whirlpool on behalf of Local 370.

“On or about December 19, 2011, the above Employer unilaterally terminated existing recall rights for bargaining union employees without prior notice to the Union and in the absence of any impasse,” Dailey wrote in the charge filing.

Hooks said Thursday (Jan. 5) that it usually takes 4-6 weeks from the filing of a charge to “make a determination as to whether we think there is a violation of the labor laws.”

Whirlpool officials aren’t backing away from their plans. On Wednesday (Jan. 4), Whirlpool issued another “Effects Update” saying the company has issued “severance benefits for employees on involuntary layoff who have no expectation of recall effective December 19.”

Whirlpool officials have not responded to numerous requests for comment.

The Jan. 4 update from Whirlpool also provided more detailed on a “Performance Incentive Plan” that could provide a bonus of up to $400 per month per employee.

“The Performance Incentive Plan is intended to encourage continued focus on safety, delivery, cost and quality through the remaining months of operation by offering a financial incentive for all employees who remain until their jobs are finished,” noted the Whirlpool Effects Update.

With respect to production, Whirlpool also has updated its planned schedule in Fort Smith.
• Built-in Refrigerators: “Production is scheduled to continue at the increased line rate through the end of June, still subject to change.”

• Trash Compactors: “Production is scheduled to continue at the current line rate through April 13.”

• Side-by-Side Refrigerators: “As previously communicated, production will decrease by 300 units effective January 16. Production is scheduled to continue through the end of June, still subject to change.”