PSC Seeks Comments on Whether the Federal Preemption Doctrine Bars It From Taking Action Regarding Service Diminution During Lockout Because the Union has Filed an Unfair Labor Practice Claim with the NLRB

In the Con Edison lockout investigation case, the New York PSC Secretary issued a ruling today granting an opportunity for petitioners to reply, and asking them to address Con Edison’s claim that the PSC cannot grant the interim relief requested, which would stop the lockout while the effect on service is investigated, because a  case filed by the union with the NLRB to contest the lockout as an unfair labor practice is pending before that federal agency.

The unions are asking the PSC to investigate service deterioration during the Con Edison lockout and are seeking an order from the Commission requiring Con Edison, on an interim basis, to halt its lockout of approximately 8,000 unionized workers. The unions cited imminent safety and reliability threats arising from the Company’s reliance on managers and others not familiar with the Con Edison distribution system and procedures for maintaining it safely and reliably. The ruling granted the unions’ request for permission to reply. PULP’s Request for Intervention and PULP’s request for a Reply opportunity were also granted.  


In addition, the ruling states that “any other interested persons wishing to comment on the Union’s petition and Con Ed’s response to the Union’s petition may submit them electronically to the Secretary by e-filing through the Department’s Document and Matter Management System (DMM), on or before July 30, 2012….”

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