NAGE Locals Score Victory in Safe Drinking Water Case
August 1, 2010
In another great victory for NAGE Local R1-144/FUSE, NAGE Local R1-134, and all bargaining unit employees at the Naval Undersea Warfare Center (NUWC) in Newport, RI, the Federal Labor Relations Authority has ruled that NUWC improperly removed bottled water from buildings in 2006. The water must now be returned to all buildings where it previously existed.
The FLRA decision supports the union's position that NUWC must provide clean, safe, drinking water to employees, and NUWC acted irresponsibly when it removed the bottled water that was put in place when contaminated water was found in numerous buildings across the Center.
Background on the case
Prior to December 2006, NUWC had provided bottled water in most buildings across the Center because lead was found in the water in many buildings, including one in which tests showed lead contamination three times the EPA limit. Unfortunately, NUWC knew about the lead contamination for over a year before they notified the unions, which resulted in several other grievances.
In December 2006, NUWC removed the bottled water from all buildings and refused to negotiate the issue with the unions. NAGE filed grievances, and an arbitrator found that NUWC had violated the law and union agreements when it removed the bottled water without bargaining with the unions.
NUWC appealed the arbitrator's decision to the FLRA in July 2008, and on July 29, 2010, the FLRA rejected NUWC's appeal.
Because of this significant victory, NUWC should restore bottled water (paid for by NUWC) to all buildings where it previously existed, which includes most (if not all) buildings occupied by employees. This also means that employees will no longer have to pay for bottled water, as many people currently do.