As we approach the new year, I want all of you to do me a solid favor and reflect on all of the good things we as individuals have either accomplished or benefitted from as a result of a movement (Civil Rights, Woman's Rights, Immigration Rights, Housing, Taxation, Healthcare etc...)
Now reflect on our gains and losses as a Union, Then look across this country and look at the individual attacks against other movements Arizona especially.
How does infighting hurt our movement? And Can we turn it around? Keep in mind that our struggles are not just the TWU's! What are your thoughts?
Friday, December 30, 2011
Saturday, December 17, 2011
Mandatory Subjects Of Bargaining
What Are Mandatory Subjects of Bargaining?
Both the employer and the employee representative are required to bargain over "wages, hours, and other terms and conditions of employment." This has been defined over the years to include wages and fringe benefits, grievance procedures, arbitration, health and safety, nondiscrimination clauses, no-strike clauses, length of contract, management rights, discipline, seniority, and union security.
Wages, Hours, and Fringe Benefits
These provisions are the most important to the average employee. The wages and hours clauses are subject to legal limitations, such as laws concerning minimum wage (state and federal) and consecutive hours (overtime, ICC regulations, and other pertinent laws).
Possible fringe benefits are limited only by the imagination of the workers. Usual fringes are vacations, holidays, pensions, and health insurance. Others are sick pay, severance pay, reporting pay, day-care facilities, financial services, educational loans, and sabbaticals. All of these subjects are proper topics of the give and take of negotiations.
Health and Safety
An increasing number of unions are negotiating health and safety provisions into their contracts. Typical provisions might establish the right of a union health and safety committee to make inspections and examine records, or the right of a worker to refuse unsafe work.
Non-discrimination clauses
There is also a duty to bargain over elimination of discriminatory employment practices. A good non-discrimination clause can often provide the fastest remedy for a worker who is discriminated against by reason of age, race, sex, religion, disability, or national origin. This type of clause can be used as the basis for a grievance about any of these discrimination issues, including sexual harassment, discriminatory health benefits relating to pregnancy, or lower pay for traditionally "women's jobs."
Length of Contract
An important item of every contract is how long it will be binding. This is strategically important for both sides and often must be determined in light of the rate of inflation, the financial health of the employer, and other similar considerations.
Management Rights
Employers traditionally work to retain broad control over the operational activities of their business. Management rights usually include decisions such as corporate structure, production levels, and plant size. What is and what is not a "management right" is negotiable, and may be defined in the contract.
Discipline
Contracts usually include a clause reserving the right of the employer to discipline workers by firing, suspension, notation on work records, and other forms of reprimand. Labor organizations traditionally try to limit this clause by requiring that "just cause" be shown for the discipline. Unions also work for procedural safeguards such as notice, hearings, and review in an attempt to protect the employee. These safeguards are often written in conjunction with the grievance procedure. The goal of the discipline clause is to insure that all facts are heard and that the punishment is not arbitrary or unfair.
Seniority
The seniority clause is a method by which senior employees protect their jobs in work areas involving transfers, promotions, bumping, filling vacancies, and layoffs. Seniority rights can be established on a department or plant-wide basis and may be conditioned on the worker's ability to perform on the job. These clauses are often the most complicated in a contract and vary with the kind of work.
Dues Collection
Union and management may negotiate a mutually agreeable means of union dues collection. The most convenient method is the "check-off" system by which the company automatically deducts the amount from the employee's paycheck. Such a practice is negotiable.
Union Security
A labor organization often seeks to protect its strength by insisting on a union security clause. Long ago, the closed-shop agreement by which an employer could only hire members of a particular union was declared illegal. In Hawai'i, management and labor can negotiate a contract which requires that when a worker is hired into a job covered by the contract, he or she must join the union within a short period of time. This is called a union shop. It should be noted that this is an area where the National Labor Relations Act allows state control. A state may enact a so-called "right to work" law and declare union security clauses illegal. Hawai'i is one of 29 states that has no such law.
A contract may also provide for a weaker form of union security. Under an agency shop, for example, no employee is required to join the union. However, any worker who does not join must pay a "service fee" or "fair share" to cover the expense the union incurs by representing all members of the bargaining unit, as it is legally required to do.
These clauses vary greatly from contract to contract and industry to industry. Often they do not exist at all.
Grievance Procedure
Because contracts cannot foresee every problem that will arise at work, most collective bargaining agreements include the establishment of a mutually agreeable procedure to settle differences in contract interpretation. Furthermore, the grievance procedure is usually the means a worker has of enforcing the contract.
Arbitration
If the parties cannot agree on contract interpretation or proper enforcement, they may wish to call in an impartial outsider, or "arbitrator," to settle the question. This is only possible when an "arbitration clause" is negotiated into the contract. An arbitration clause provides an alternative to time-consuming lawsuits.
This category of contract language will often define how the arbitrator will be selected, who will pay what share, and what the arbitrator's scope of authority will be. Often, both sides will agree that the arbitrator's decision is final or "binding." This means the courts cannot review the arbitrator's decision unless it is clearly contrary to law.
No-Strike Clause
Most employers insist that the labor organization agree not to strike for the duration of a contract. Such an agreement is enforceable in court and enables the employer to plan production without fear of work stoppages. This makes "wildcat strikes" illegal and may even require that the union discipline the strikers.
No-strike clauses have been interpreted to ban almost all strikes during the life of the contract, except strikes in response to abnormally dangerous working conditions (see the chapter on occupational safety and health). Strikes are still legal, of course, when the contract expires.
Both the employer and the employee representative are required to bargain over "wages, hours, and other terms and conditions of employment." This has been defined over the years to include wages and fringe benefits, grievance procedures, arbitration, health and safety, nondiscrimination clauses, no-strike clauses, length of contract, management rights, discipline, seniority, and union security.
Wages, Hours, and Fringe Benefits
These provisions are the most important to the average employee. The wages and hours clauses are subject to legal limitations, such as laws concerning minimum wage (state and federal) and consecutive hours (overtime, ICC regulations, and other pertinent laws).
Possible fringe benefits are limited only by the imagination of the workers. Usual fringes are vacations, holidays, pensions, and health insurance. Others are sick pay, severance pay, reporting pay, day-care facilities, financial services, educational loans, and sabbaticals. All of these subjects are proper topics of the give and take of negotiations.
Health and Safety
An increasing number of unions are negotiating health and safety provisions into their contracts. Typical provisions might establish the right of a union health and safety committee to make inspections and examine records, or the right of a worker to refuse unsafe work.
Non-discrimination clauses
There is also a duty to bargain over elimination of discriminatory employment practices. A good non-discrimination clause can often provide the fastest remedy for a worker who is discriminated against by reason of age, race, sex, religion, disability, or national origin. This type of clause can be used as the basis for a grievance about any of these discrimination issues, including sexual harassment, discriminatory health benefits relating to pregnancy, or lower pay for traditionally "women's jobs."
Length of Contract
An important item of every contract is how long it will be binding. This is strategically important for both sides and often must be determined in light of the rate of inflation, the financial health of the employer, and other similar considerations.
Management Rights
Employers traditionally work to retain broad control over the operational activities of their business. Management rights usually include decisions such as corporate structure, production levels, and plant size. What is and what is not a "management right" is negotiable, and may be defined in the contract.
Discipline
Contracts usually include a clause reserving the right of the employer to discipline workers by firing, suspension, notation on work records, and other forms of reprimand. Labor organizations traditionally try to limit this clause by requiring that "just cause" be shown for the discipline. Unions also work for procedural safeguards such as notice, hearings, and review in an attempt to protect the employee. These safeguards are often written in conjunction with the grievance procedure. The goal of the discipline clause is to insure that all facts are heard and that the punishment is not arbitrary or unfair.
Seniority
The seniority clause is a method by which senior employees protect their jobs in work areas involving transfers, promotions, bumping, filling vacancies, and layoffs. Seniority rights can be established on a department or plant-wide basis and may be conditioned on the worker's ability to perform on the job. These clauses are often the most complicated in a contract and vary with the kind of work.
Dues Collection
Union and management may negotiate a mutually agreeable means of union dues collection. The most convenient method is the "check-off" system by which the company automatically deducts the amount from the employee's paycheck. Such a practice is negotiable.
Union Security
A labor organization often seeks to protect its strength by insisting on a union security clause. Long ago, the closed-shop agreement by which an employer could only hire members of a particular union was declared illegal. In Hawai'i, management and labor can negotiate a contract which requires that when a worker is hired into a job covered by the contract, he or she must join the union within a short period of time. This is called a union shop. It should be noted that this is an area where the National Labor Relations Act allows state control. A state may enact a so-called "right to work" law and declare union security clauses illegal. Hawai'i is one of 29 states that has no such law.
A contract may also provide for a weaker form of union security. Under an agency shop, for example, no employee is required to join the union. However, any worker who does not join must pay a "service fee" or "fair share" to cover the expense the union incurs by representing all members of the bargaining unit, as it is legally required to do.
These clauses vary greatly from contract to contract and industry to industry. Often they do not exist at all.
Grievance Procedure
Because contracts cannot foresee every problem that will arise at work, most collective bargaining agreements include the establishment of a mutually agreeable procedure to settle differences in contract interpretation. Furthermore, the grievance procedure is usually the means a worker has of enforcing the contract.
Arbitration
If the parties cannot agree on contract interpretation or proper enforcement, they may wish to call in an impartial outsider, or "arbitrator," to settle the question. This is only possible when an "arbitration clause" is negotiated into the contract. An arbitration clause provides an alternative to time-consuming lawsuits.
This category of contract language will often define how the arbitrator will be selected, who will pay what share, and what the arbitrator's scope of authority will be. Often, both sides will agree that the arbitrator's decision is final or "binding." This means the courts cannot review the arbitrator's decision unless it is clearly contrary to law.
No-Strike Clause
Most employers insist that the labor organization agree not to strike for the duration of a contract. Such an agreement is enforceable in court and enables the employer to plan production without fear of work stoppages. This makes "wildcat strikes" illegal and may even require that the union discipline the strikers.
No-strike clauses have been interpreted to ban almost all strikes during the life of the contract, except strikes in response to abnormally dangerous working conditions (see the chapter on occupational safety and health). Strikes are still legal, of course, when the contract expires.
Monday, December 12, 2011
Rally 2 Broadway December 15 th 2011 Be There!
http://www.twulocal100.org/event/rally-fair-contract
MaBstoa/TA Surface
Management wants 5 things from our Department
1) where holiday picks are required they will be picked during the 4 scheduled picks. Money item.
2) Eliminate all caps on Runs set forth in Section 5.1E ( This would help reduce the workforce)
3) MaBstoa pick practices will be standardized to the Transit Authority Pick Practice. However OA Bus Operators will continue to pick extra pieces at time of the pick where such extra pieces are available ( money item) This would eliminate OA Operators mandatory COA Pick Reliefs and Pick Cars)
4) Amend Preventable Accident Disciplinary Procedures of 2002 MOU Paragraph 6 (TA looking for 3 panel Arbitration System including a Safety Expert. When asked would it be DOT standards the answer was no.)
5) Eliminate Section 5.1(I) Traveling allowances when sent to foreign depot (Money Item)
DECEMBER 15th IS OUR RALLY IN FRONT OF 2 BROADWAY 4pm
THIS IS IMPORTANT FOR EVERY BUS OPERATOR IF YOU CARE ABOUT WHAT YOU HAVE. BE THERE!
In Solidarity
Donald Yates
MaBstoa TWU-100
MaBstoa/TA Surface
Management wants 5 things from our Department
1) where holiday picks are required they will be picked during the 4 scheduled picks. Money item.
2) Eliminate all caps on Runs set forth in Section 5.1E ( This would help reduce the workforce)
3) MaBstoa pick practices will be standardized to the Transit Authority Pick Practice. However OA Bus Operators will continue to pick extra pieces at time of the pick where such extra pieces are available ( money item) This would eliminate OA Operators mandatory COA Pick Reliefs and Pick Cars)
4) Amend Preventable Accident Disciplinary Procedures of 2002 MOU Paragraph 6 (TA looking for 3 panel Arbitration System including a Safety Expert. When asked would it be DOT standards the answer was no.)
5) Eliminate Section 5.1(I) Traveling allowances when sent to foreign depot (Money Item)
DECEMBER 15th IS OUR RALLY IN FRONT OF 2 BROADWAY 4pm
THIS IS IMPORTANT FOR EVERY BUS OPERATOR IF YOU CARE ABOUT WHAT YOU HAVE. BE THERE!
In Solidarity
Donald Yates
MaBstoa TWU-100
Friday, December 9, 2011
Politics, Same As Before
There will be many people who don't like my comments, but the truth being told, there is a deeper reason for our strike in 2005. (Politics) I was only the Chief Line Steward In Manhattanville Depot, I was proud to support and stand on the pickets. Everyone involved with the Union Politics Claimed that Roger Toussaint was in trouble so a strike was called in order to show the rest of the country that the TWU leadership was solid and strong! At the time I didn't really understand the politics, nor did I care. Everyone talks of the International not supporting the strike, but that too was politics. At the time International Prez Mike O'Brian sided with the the political enemies of Roger Toussanit!
One point that should be recognized is that whatever politics that were going on, the membership only wanted their Union together! And the same holds true now!
Roles have been reversed and the Politics against this leadership is being played out through certain officers, the same as in the past!
Everyone's comments and concerns have some legitimacy, but some are just playing that same old game! I asked a very long time ago why we the membership are not angry? And everything gets pointed back to the leadership! My question is which one? Accountability was promised and given from what I see by comparison, but we are still looking for a savior. Is it not ourselves? We have to realize that we give the strength! Now I'm seeing comments that we didn't take a strike vote! One of the punishments for a strike was the removal of our checkoff. If our Union members still owe money, and a lot of it why even talk about a strike that we know we can't afford to take? The One thing that I got from our mass membership meeting, was that we are still not together!
I can and will promise one thing, I promise to fight along the side of my membership and elected officers to achieve a better future for our children and grandchildren. They don't deserve the POLITICAL back and forth that gets us no where!
Think one thing to yourselves, Can we all do better without a Union, and if not stop the bullshit and let's do this thing together!
In Solidarity
Donald Yates
MaBstoa TWU-100
One point that should be recognized is that whatever politics that were going on, the membership only wanted their Union together! And the same holds true now!
Roles have been reversed and the Politics against this leadership is being played out through certain officers, the same as in the past!
Everyone's comments and concerns have some legitimacy, but some are just playing that same old game! I asked a very long time ago why we the membership are not angry? And everything gets pointed back to the leadership! My question is which one? Accountability was promised and given from what I see by comparison, but we are still looking for a savior. Is it not ourselves? We have to realize that we give the strength! Now I'm seeing comments that we didn't take a strike vote! One of the punishments for a strike was the removal of our checkoff. If our Union members still owe money, and a lot of it why even talk about a strike that we know we can't afford to take? The One thing that I got from our mass membership meeting, was that we are still not together!
I can and will promise one thing, I promise to fight along the side of my membership and elected officers to achieve a better future for our children and grandchildren. They don't deserve the POLITICAL back and forth that gets us no where!
Think one thing to yourselves, Can we all do better without a Union, and if not stop the bullshit and let's do this thing together!
In Solidarity
Donald Yates
MaBstoa TWU-100
Sunday, December 4, 2011
Mass Membership Meeting
Good afternoon MaBstoa, NYCT, MTA Bus
I was pleased to see old and new colleagues at our annual Mass Membership meeting. What was evidently powerful was our locals work in other states fighting against collective bargaining tyranny! (Ohio, Wisconsin)
If we the membership don't realize it, together we make a difference in all things. Our fight now is to get a fair contract for our members, but the real fight must be to re-educate our young members on how to fight!
To many of us inherited benefits and rights that were won through former struggles, but we forgot to memorialize those struggles for our youth to continue! Now benefits are expected without works! Young people if we don't involve ourselves, these so called benefits will have an expiration date.
My role to you now is to continue fighting, while teaching you how to fight!
The institution of Unionism must survive!
For all who attended the Mass Membership meeting thanks for coming. For those who couldn't make it, thanks for pushing others to go
In Solidarity
Donald Yates
MaBstoa TWU-100
I was pleased to see old and new colleagues at our annual Mass Membership meeting. What was evidently powerful was our locals work in other states fighting against collective bargaining tyranny! (Ohio, Wisconsin)
If we the membership don't realize it, together we make a difference in all things. Our fight now is to get a fair contract for our members, but the real fight must be to re-educate our young members on how to fight!
To many of us inherited benefits and rights that were won through former struggles, but we forgot to memorialize those struggles for our youth to continue! Now benefits are expected without works! Young people if we don't involve ourselves, these so called benefits will have an expiration date.
My role to you now is to continue fighting, while teaching you how to fight!
The institution of Unionism must survive!
For all who attended the Mass Membership meeting thanks for coming. For those who couldn't make it, thanks for pushing others to go
In Solidarity
Donald Yates
MaBstoa TWU-100
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