Plaintiff Union Alleges Public Service Corporation Violated Labor Laws Amid Pension Dispute

The International Brotherhood of Electrical Workers, Local Union 1116, has filed a lawsuit against an Arizona public service corporation, alleging violations of federal labor laws. The complaint was lodged in the United States District Court for the District of Arizona on November 26, 2025, accusing UNS Gas, Inc. of unilaterally imposing changes to a collective bargaining agreement without legal justification.

According to the lawsuit, the union and UNS Gas were engaged in negotiations for a new collective bargaining agreement after the previous one expired on June 23, 2024. However, during these negotiations, UNS Gas allegedly froze a pension plan for new hires without reaching an impasse or obtaining consent from the union. This action is claimed to be in violation of Section 301 of the Labor Management Relations Act (LMRA), which governs contracts between employers and labor organizations. The union argues that UNS Gas’s actions undermine their status and efficacy as a bargaining representative and constitute bad faith negotiation practices.

The union’s complaint highlights that throughout 2024 and into 2025, both parties were actively engaged in negotiating terms for a successor agreement with no resolution reached despite assistance from a federal mediator. On February 17, 2025, UNS Gas declared negotiations “deadlocked” and presented what it termed its “last, best, and final offer,” which included closing the pension plan to new hires effective June 1, 2025. Although the union tentatively agreed to this offer subject to member ratification, it was ultimately rejected by a vote in March 2025.

Despite ongoing willingness from the union to continue negotiations post-rejection, UNS Gas declared an impasse on April 9, 2025. The following day, they announced unilateral implementation of their final offer terms via correspondence to employees. The company proceeded with these changes despite no economic necessity being cited for freezing the pension plan—a point confirmed during subsequent testimony by company officials before the Arizona Corporation Commission.

The International Brotherhood of Electrical Workers seeks several forms of relief from the court: a declaratory judgment affirming that UNS Gas’s actions violate Section 301 of LMRA; an injunction preventing further unilateral changes without proper bargaining; compensatory damages; attorneys’ fees; and any other appropriate relief deemed just by the court.

Representing the plaintiff are attorneys Clara S. Bustamante and her colleagues at Lubin Enoch & Bustamante P.C., while Judge JCH presides over Case No. 4:25-cv-00658-JCH.