E-NEWS FROM LOCAL 2111 - SPRING 2009

PRESIDENT’S MESSAGE

(John Bachelor)

Greetings all…

Well a new round of bargaining is upon us (ART 6 Wages) and I wanted to give some background on the start of negotiations.  Unfortunately there is little to tell.  The school has been properly notified with all the paperwork neatly tucked away with the appropriate authorities and as I sit here writing this article there has not been any dialogue concerning anything of substance.  I noted in a memo to executive director of human resources and labor relations that we are currently covered by a contract that states we have merit pay, so forth, so on.   They seem to think that they can unilaterally impose some BS on us.  We are not going to let that happen.  So, fellow members, that is where we are.  We have a memo that was issued by the VP of Admin Services stating a committee was to be formed to look at how to set up job descriptions this year. Nothing. Nada. Zilch. Still waiting.  I get the feeling that we are going to get the bum’s rush and somehow be expected to “magically bow down to management’s demands” ‘cause we are out of time.  Is that alright with you?  I was also wondering what the administration has been up to on this matter since it has known that this needed to be done since July of last year.  Nothing has come in from the $100,000 club.  They sure don’t respect you very much.  MGT consulting was just hired for $95,000 at this month’s board meeting.  They are taking their good ole time.  We’ll keep you posted.

I expect to announce meetings at each campus in the next couple of weeks to discuss this and much more with you.  I look forward to seeing you and sharing our thoughts with you.

We have also started a message board for members to discuss issues at work.  You must be a member of the Union in order to comment. On your first visit to the website, you will be asked to create a logon ID. As long as the logon ID is not your name, you can feel comfortable knowing that you can discuss freely and openly in total anonymity. Some discussions have already started.  The url is…   

http://cybermessageboard.fatcow.com/cwaloc/

Please sign up and start discussing amongst yourselves.

Thanks

JB

UPDATE:
This was a recent email I sent to all members.

…hello everyone…
                …hope all is well with you…I want to bring to your attention the recent activity of the company and its attempts to circumvent the negotiation process by instituting a step and grade system without negotiating with us…we have filed a grievance and had a meeting immediately (fastest ever 2nd level meeting) in which we believe a solution will be worked out so that evaluations for this year will result in a salary increase…part of what you need to know is that we believe that management will soon issue a statement saying they were premature in stating they were going to use the old document for evals…they will also state that after working with your union that some kind of document agreed upon by both parties will be used for this year and that we will negotiate a document for future use…do not discuss anything concerning evals with your supervisor and if you are pressured call us…you do not have to provide management with a self eval……we hope to have this settled by march 16th which is the contractual date for the start of evals…in addition I attended all three eval committee meetings in which it was stated that the company believes that 90% of all job descriptions are wrong…our position then becomes everyone in the unit deserves a raise short of you stabbing you boss in the head with a pencil…

                …on a related note, please attend one of the MGT meetings on job descriptions etc…for many years I have listened to you complain that you were doing more on your job then what you we being compensated for…we believe you…be precise, list everything, even a second job you are doing in addition to the current job…do not miss this opportunity…if you have a situation where the supervisor is beefing your analysis we are prepared to grieve this process…keep records of everything you write and comments/responses to same…let’s bury them with the truth…

UPDATE:
This was a partial response to the grievance filed regarding the attempt by management to implement a new pay system without bargaining with us.

Fri 3/6/09 12:19 PM
I want to provide an update about the forms used for the evaluation period that begins on March 16, 2009. 

I apologize for the premature information provided last week concerning the availability of classified evaluation forms on SharePoint.   Since we are still discussing the form with CWA officials, we are not yet able to post the new evaluation form.  We have every reason to believe that a Classified evaluation form will be finalized and posted on SharePoint by March 16, 2009.  Since we have historically, used the same evaluation form for unit 2 staff as well as Unit 3 and 4 staff, we are awaiting resolution of this issue before posting the form(s). 

Again I apologize for any inconvenience and conflicting message

Melissa L. Hopp | Vice President for Administrative Services |  The Community College of Baltimore County

 

STAY TUNED!!!!

 

THE EMPLOYEE FREE CHOICE ACT
By Pat Beard

By electing Barack Obama and expanding the worker friendly majority in congress, we now have the opportunity to get The Employee Free Choice Act passed.

The Employee Free Choice Act will:

1. Allow workers to form a union if the majority of workers want one.

2. Protect the benefits and wages that union workers have fought to gain.
3. Increase penalties against companies that abuse workers and put real teeth into laws meant to protect workers.
4. Guarantee that workers who form a union can get a contract. If a company stalls, this Act provides for mediation or arbitration to gain a first contract. If you remember, it took our bargaining team over 18 months to finally get a first contract. That would not have happened if we had the Employee Free Choice Act.

 

5. During the Bush administration, many laws that protected worker's rights were watered down. Companies who broke the law got a small fine, if that. These companies considered a small fine the cost of doing business to keep unions out of their companies. 

More than ever, working people today need a way to get ahead with wages dropping, health care costs rising, and pensions disappearing. Unions are the best route to the middle class.

1. Union members make 30 percent more than non-union workers.
2. Union members are 50 percent more likely to have employer-provided health care insurance.
3. Sixty-seven (67%) percent of union workers are covered by defined-benefit pension plans compared to only 15 percent of non-union workers
4. Communities with strong unions have higher living standards for everybody.

We are extremely fortunate to live in Maryland because our Congress representatives are for the Employee Free Choice Act. Hopefully other states will follow suit. A strong middle class means a better economy.

 

NEW CONTRACT:

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NEW FMLA GUIDELINES

On Nov. 17, 2008, the Department of Labor (DOL) published the long-awaited Family and Medical Leave Act (FMLA) final regulations. These amendments are the most comprehensive changes made to the regulations since they were first published in 1993. The regulations introduced the long-awaited rules for the National Defense Authorization Act (NDAA), which amended the FMLA and added protected leave for certain types of service-member-related leave. But what many employers do not know is that there were also important changes made to the already existing FMLA rules that do not involve service member leave.

What exactly has changed? Below is a list of some of the changes that went into effect on Jan. 16, 2009.

• Notice and certification requirements. The FMLA previously utilized one optional form for employers, known as the WH-380, Certification of Health Care Provider. The new regulations attempt to clarify communications and data collection between the employer and employee by introducing two new optional medical certification forms. One form is for the employee’s own serious health condition, and the other is for the serious health condition of a family member. Employers are also now required to provide employees with a Notice of Eligibility when it is believed that an employee may have an FMLA-qualifying absence and a Designation Notice when the employee’s absence has been designated as protected under the law.

• Bonuses and awards. The current regulation entitles employees to unconditional pay increases and provides a narrow exception for those on leave without pay. Many employers were confused as to how to interpret this regulation for bonuses and perfect-attendance awards. The new regulations state that an employer can deny an employee a bonus or award if payment of the award is based on a specified goal and the employee has not met that goal because of the FMLA absences, as long as other employees on an equivalent leave status are treated the same.

• Holidays. The FMLA regulations (29 CFR 825.200) now define the instances in which an employer may count a holiday as FMLA leave. The new regulations state that an employer may count a holiday as FMLA when the employee is on FMLA leave the entire week in which the holiday falls. If an employee works for part of the week in which the holiday occurs, then the holiday does not count as FMLA leave.

• Employees who become eligible for FMLA while on a non-FMLA leave of absence. The DOL has clarified another topic of much debate for employers. The new regulations state that if an employer grants a non-FMLA leave of absence to an employee before he or she becomes eligible for FMLA, and while on that leave the employee becomes eligible for FMLA, all of the leave taken after the employee becomes eligible is considered FMLA, and all of the leave that was taken before the date of eligibility is not considered FMLA (29 CFR 825.110).

• Overtime. If an employee is required to work overtime but is unable to do so because of FMLA leave, then the hours of overtime that the employee would have worked are counted against the employee’s FMLA entitlement. Any overtime that is voluntary or discretionary would not be counted against the employee’s leave.
Employers with 50 or more employees must comply with FMLA requirements and are encouraged to become familiar with the changes in the law.
Please Note: This material is provided as general information and is not a substitute for legal or other professional advice.

DO YOU KNOW…

…your rights during investigatory interviews with the company, otherwise known as "Weingarten Rights"?
The National Labor Relations Act (NLRA) gives employees the right to have the assistance of union representation during investigatory interviews. Although not explicit in the Act, the right was declared by the US Supreme Court in 1975 in NLRB vs. J. Weingarten, Inc. The rules the court announced are known as Weingarten rights.
Employees sometime confuse the Weingarten rules with the Miranda rules. However there is a big difference in the two rules. Under Miranda rules police who question criminal suspects MUST notify them of their right to remain silent and to have an attorney present during questioning. Under Weingarten employers have NO obligation to inform the employees of their rights to union representation. The employee must ask for union representation in such meetings
An investigatory interview occurs when:

Investigatory interviews relate to such subjects as:

Not every discussion with management is an investigatory interview. For example, a supervisor may speak to an employee about the proper way to do a job. Even if the supervisor asks the employee questions, this is not an investigatory interview as the use or possibility of discipline is remote.
However a routine conversation changes character if a supervisor becomes dissatisfied with an employee’s answers and takes a hostile attitude. If this happens, the meeting becomes an investigatory interview and Weingarten rules apply.
When a supervisor calls an employee to the office to announce a warning or other discipline that has already been decided it is not an investigatory meeting since the supervisor is just informing the employee of a previously arrived-at decision. Such a meeting becomes an investigatory interview, however, if the supervisor asks questions that are related to the subject matter of the discipline.
Having a steward present can help in many ways. The steward can:

The Employee Rights under Weingarten rules are as follows:

• The employee may request union representation before or during the interview. Remember the company does not have to offer union representation. (Please note: In this case, your bargaining agreement would supersede the Weingarten Rules. The bargaining agreement between CWA and CCBC states that “If management conducts an investigatory interview with the intent to consider discipline of an employee or group of employees, management shall inform the employee or employees of the right to have a Union Representative present.” Please see “Section 10.9 – Right to Representation” of your bargaining agreement for more information.)

• After the request, the employer must choose from three options.

• Grant the request and delay questioning until the union representative arrives.

If the employer denies the request for union representation and questions the employee, it commits an unfair labor practice and THEN the employee may refuse to answer.
Although some supervisors sometimes try to assert that the only function of a steward at an investigatory interview is to observe the discussion in other words be a SILENT witness this is WRONG. The steward has the right to counsel the employee during the interview and to assist the employee to present the facts. Legal cases have established the following rights and obligations of the steward.

1. When the steward arrives, the supervisor must inform the employee and the steward of the subject matter of the interview: for example, the type of misconduct, which is being investigated. (The supervisor does not, however, have to reveal management’s entire case.)
2. The steward can take the employee aside for a private pre-interview conference before the questioning begins.
3. The steward can speak during the interview. (But, the steward has no right to bargain over the purpose of the interview or to obstruct the interview.)
4. The steward can advise the employee not to answer questions that are abusive, misleading, badgering, confusing or harassing.
5. When the questioning ends, the steward can provide information to justify the employee’s conduct.

If called to a meeting with management, read the following statement to management BEFORE the meeting starts!!

THANK A LABOR UNION IF YOU HAVE:

• Health Insurance
• Higher Wages
• Sick Leave
• Overtime Pay
• Pensions
• Paid Holidays
• Paid Vacations
• 8 Hour Work Days
• Social Security
• Jobsite Safety
• Ending of child Labor
• Increased Job Security
• Unemployment Insurance
• Family and Medical Leave
• Severance Pay
• Maternity Leave

 

The efforts of the American Labor Movement brought about all these benefits. Unfortunately most Americans take these benefits for granted.

 

 

LABOR CARTOON
Compliments: www.unionist.com/graphics.htm

 

INJURED AT WORK? DO YOU HAVE QUESTIONS ABOUT WORKERS’ COMPENSATION?

Please visit the Kahn, Smith & Collins, P.A. website for a variety of services for Union families.

CWA LOCAL 2111 E-NEWS

Remember, to please send your contributions and comments to Laura Pilat (LPilat@ccbcmd.edu) or Rich Barnett (RBarnett@ccbcmd.edu)

MOVING?? LET US KNOW!!

If you are moving or changing your name or your phone number or any of your contact information, please let us know. Even though you change your contact information with the college, that information is usually not shared with CWA. Returned and forwarded mail results in an extra expense and additional cost for the union. Please send your updated information to one of the union officers listed below. Thank you!
CWA LOCAL 2111 WEBSITE

Be sure to check the CWA Local 2111 website for…
CALENDAR…information about union events and meetings. Meetings start promptly at 6:00 PM. Topics of discussion, agenda items, and meeting locations will be posted on the website two weeks prior to the meeting.
GRIEVANCES…information and updates concerning grievances filed by your local on behalf of CCBC employees who are members of CWA Local 2111. Your right to union representation and redress is the backbone-benefit of your union membership!
MESSAGE BOARD…You must be a member of the Union in order to comment. On your first visit to the website, you will be asked to create a logon ID. As long as the logon ID is not your name, you can feel comfortable knowing that you can discuss freely and openly in total anonymity. Some discussions have already started. Please sign up and start discussing amongst yourselves.

 

YOUR UNION OFFICERS
President: John Bachelor
Executive Vice President: Norman McCullough
Secretary/Treasurer: Pat Beard
Vice President/Catonsville: Doug Frantz
Vice President/Dundalk: Mark Trojan
Vice President/Essex: Clarke Romans
Newsletter: Laura Pilat, Rich Barnett
Webmaster: Michael Redding

 

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