USW 12012 Succeeds in Fight to Maintain Mark-Out Work

In a hard-fought arbitration case, USW Local 12012-4 won back the utility mark-out work that National Grid had allowed to be contracted out on the heels of the parties' last negotiations. Attorney Al Gordon O'Connell represented the Union in the case.

The matter arose in mid-2012 after the parties completed negotiations for their successor agreement. In those negotiations, the Union agreed to forego higher wage and pension enhancements in order to fight off the Company's proposal to allow contractors to perform Dig Safe mark-outs of gas facilities. However, soon after the CBA was finalized, the Company started requiring gas company contractors to perform mark-outs for their own work projects. The Company said this was not the type of mark-out work that the Union negotiated for, but the arbitration panel disagreed and ordered the Company to return the work to the bargaining unit.

The case underscores the principle that a company cannot withdraw a proposal in negotiations and then unilaterally take what it wants after the agreement is signed and ratified.