A US National Labor Relations Board (NLRB) judge has determined Exxon Mobil’s 10-month lockout of 600 union workers at its Beaumont, Texas, refinery was lawful.
The lockout took place during a 2021-2022 contract dispute. It was deemed a legitimate tactic to pressure the United Steelworkers (USW) union workers toward a deal rather than an effort to dissolve the union.
the Decision
- Legal Pressure, Not Union-Busting: Judge Jeffrey Wedekind concluded there was insufficient evidence to support the union’s claim Exxon’s lockout aimed to pressure workers to decertify the union.
- Union’s Allegations: The USW alleged Exxon’s actions constituted unfair labor practices. It sought millions of dollars in compensation for lost wages and benefits during the lockout.
- Excluded Evidence: Internal Exxon documents suggesting early discussions about workforce changes and potential decertification were excluded from consideration.
The documents indicated Exxon managers had weighed the benefits of a lockout and anticipated workforce changes that could impact future labor negotiations.
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the Lockout
- Duration: The lockout lasted from May 2021 to March 2022 at Exxon’s 369,024 barrel-per-day Beaumont refinery complex.
- Impact on Workforce: Approximately 20 percent of the workers initially locked out left the company before a settlement was reached. Many replacements had previously worked as contractors during the lockout.
- Union’s Claims: The USW argued that Exxon’s actions were part of a broader strategy to weaken the union’s influence over the long term.
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Union’s Response and Next Steps
Meekie Moseley, president of USW Local 13-243, expressed disappointment with the ruling, saying:
“We believe the decision does not reflect the facts of the case.”
The USW is considering appealing the decision to the full NLRB.
Internal Documents and Strategic Discussions
Documents viewed during the hearings included:
- Comments from plant managers suggesting the lockout would benefit Exxon’s labor strategy.
- A statement from a former plant manager proposing splitting contracts for the refinery and lube oil plant in 2027, potentially leading to decertification of the union.
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Broader Implications
This ruling reinforces the legality of using lockouts as a negotiating tactic under specific conditions. It highlights the complex dynamics of labor relations in the energy sector.
While Exxon’s strategy has been validated in this case, the decision underscores ongoing tensions between corporations and labor unions in high-stakes negotiations.
