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| 6/2009 RETAIL BARGAINING UNIT CONTRACT EXPIRES AT MIDNIGHT 8/11/2009. Empire Retail Bargaining Unit (EV,DV,TV,VW,CED) Contract Q & A Meetings Bring your questions, ideas, suggestions and concerns. ALBANY – Best Western, 200 Wolf Road June 3rd & 4th from Noon to 10PM ***DONE*** NY SOUTHERN TIER - Holiday Inn , Corning Rd, Horseheads, NY June 12th from Noon to 10PM ***DONE*** ROCHESTER – Holiday Inn, 800 Jefferson Road, Rochester, NY 14623, Thursday, July 9th – Noon to 10PM **DONE** BATAVIA – Holiday Inn, 8250 Park Road, NY 14020, Monday, July 13th – Noon to 10PM**DONE** SYRACUSE – Ramada Syracuse, 1305 Buckley Rd, Syracuse, NY 13212(near Rt 81 & 90) • Tuesday, July 14th – Noon to 10PM • Wednesday, July 15th – Noon to 10PM **DONE** NEW ENGLAND – Quality Inn, 1005 Belmont Street, Brockton MA 02301 (South of Boston) • Saturday, July 18th - Noon to 8PM • Sunday, July 19th - Noon to 5PM **DONE** LONG ISLAND – Holiday Inn, 215 Sunnyside Blvd, Plainview NY 11803 (Central LI) • Tuesday, July 21st - Noon to 10PM • Wednesday, July 22nd – Noon to 10PM **DONE** Please return your mail surveys ASAP if you have not already done so!!! Follow up surveys will be mailed next week with a FAQ page. (7/7/2009) The web site will be a continuing source of factual information as negotiations get close. Remember that rumors are just that, rumors. Always insist on the original source of new information. This Union has no intention of going on strike unless it is forced on us. Each of you will have a VOTE. Register at Twitter.com/opticalworkers for breaking news. Contract talks are tentatively scheduled to begin on 7/28/2009. Questions, comments, suggestions and ideas can also be mailed to: Local 408 - EVCBA PO BOX 511 Geneva, NY 14456 All Empire (EV, DV, TV, VW, CED) Retail members that visit Q & A meetings will be able to register to win a new (Made in the USA) KitchenAid Mixer. |
| 8/1/2009 Three days of negotiations have resulted in few agreements but a very honest exchange of views and positions. I truly believe that we understand each other just a little better. The Company team is Tom Rosa, Julie Colavencenzo, Cathy Babbage and their attorney, Thomas Eron, Esq. The Union fields Heather Duby, Dave Buchholtz, Sue Daly, Jeff Tessier, Mary Dado and Dave Armer. The first two days consisted of frank discussions and the presentation of a majority of the non-economic proposals. Nearly all informational requests were dealt with. The third day opened with the Company’s presentation of the Medical and benefit package by Julie. Everyone on the Union team had questions and the Company did an excellent job of answering them. One clarification that they felt was very important was the definition of a “high deductible” medical plan. It is a term I have used to describe the HVHC plan and is in a legal sense inaccurate. A “high deductible” medical plan can cost a member thousands of dollars before it begins to pay. A more accurate description of the HVHC plan is that it has “higher” deductibles than many of you are used to. The vast majority of the Empire retail folks that choose a medical plan select the more expensive plan that has no out-of-pocket expense after your $15 dollar co-pay. The HVHC plan seeks to change that in a fashion that will save some of you money each year while shifting a greater financial burden to those that truly need it the most. It is considered “consumer driven” health care. You take on more responsibility for decisions….and more cost if you truly need health care. The Flexible Spending Account (FSA) is a key feature of this plan. If you anticipate ongoing expense you HAVE to get educated on this. (It is a good idea anyway; we have had this option for years) Other benefits are part of this package but this is the Cliff Notes version. In our Davis Vision talks the Company put significant dollars on the table to provide a safety net for the sick. That is the battle we face with Empire. On 8/4/2009 that will begin to take shape. Dave |
| 8/9/2009 Our last scheduled day of negotiations was 8/5/2009. We meet again on 8/11/2009. Mr. Rosa’s email to associates indicated that the Union “declined to meet until the last day of negotiations”. Despite the fact that I sent them the contract re-opener letter in the middle of May 2009 the Company did not want to meet until July 28, two weeks before contract expiration. I clearly stated to them early in the talks that I had other issues to attend to with other bargaining units. I also offered to extend the contract as we have done that many times in the past. So far the Company has refused. The Company took the path of mis-characterizing the truth. So be it. At this stage of the negotiations everything is still on the table. I am hesitant to detail progress issue by issue as they are all contingent on each other until agreement is reached. I can say that we offered Department of Labor statistics to support our wage proposals and they countered with a piece of paper with ‘wage surveys” that any ten year old child could create on an old computer. That is what we are working with. TR did declare that our internal surveys, that hundreds of you returned, are ‘unscientific’ and “irrelevant”. In response we asked for the “Great Place to Work’ survey results (conducted by an independent professional Company) and they cling to the position that they are invalid because of associate “confusion”. It appears we may get access to this data but the conditions are not certain yet. We will find out shortly. I will also be requesting data concerning pay equity for the differing sexes, an issue we have raised that the Company has yet to offer any collaborative effort towards defining. There is much work left to do. I am far more concerned with getting a good agreement than a fast agreement. The Company constantly presses for quick decisions and rapid responses. That pressure simply has the effect of raising my suspicions and justifying my decision to be cautious and thorough. Dave PS. I have to include this "irrelevant" comment from an associate. "I thought if the darn lens care kits are the make it or break part of the company's bottom line, they should do some kind of contest or something to make the workers care. Because quite honestly, I have reached the point of simply not caring anymore. What am I to say to a patient who IS using the kit and his AR still scratches and peels. It is even happening to a pair of my own glasses and the manager said it was because I put the glasses in the wrong way in my Empire hard case; Both sides are covered, there is a bubble like blemish in the arc but she said our remakes were too high lately (mostly because she breaks frames and lenses at dispenses, puts high minus prescriptions into over sized frames (often semi rimless at that), and expects Oakleys to work when the minimum PDs from Oakley are 5 or more larger than the patient's PD. Then she puts my name on the remake chart as the one who screwed up." |
| 8/11/2009 The Company and the Union have mutually agreed to extend the collective bargaining agreement for 3 days through Friday August 14, 2009 at midnight. Both parties are please with the progress made today and have committed to bargain diligently over the next three days to reach a new labor agreement. Sincerely, Tom Rosa and Dave Armer |
| 8/16/2009 The contract has been extended until the end of 8/29/2009. Talks resume on 8/25 with a US Federal mediator in attendance. A mediator cannot force a decision but can work to help settle differences with suggestions. Negotiations took an ugly turn on 8/14 and, as expected, the Company put out its usual spin on how disappointed they are in the union. The truth is this. They are disappointed that we are not being lead like lambs to the slaughter. They demand that anyone unfortunate enough to have a serious medical condition be driven to the poor house so they can claim more profit from your labor. That is it in a nutshell. On Friday they called two members of my team liars. I left negotiations to retrieve the document (with Julie C’s signature) that proved they had no grasp on the facts or reality and pulled my team out for the day. My team members spoke the truth and the Company owes them a written apology. Progress will be inhibited until this happens. On Tuesday and Wednesday we accomplished an audit of 250 records that the Company had claimed for the last two weeks was impossible for them to do with all their resources. Then they proclaimed “disappointment’ that we didn’t whip up new proposals based on the new info in about ten minutes. The Company’s behavior has been an embarrassment to the concept bargaining of in good faith. At this point they have earned nothing but my disgust. On any day so far they could have offered a fair and honest set of proposals that the union team could have accepted. Instead they have offered a completely unacceptable medical plan (even tho we are owned by a medical insurance Company) that they know you will vote down. They demand insulting anti-union contract language be added. Then they keep wailing about their “disappointment”. Let me make one thing perfectly clear to the Company. I do not give a damn about their “disappointment”. I care about the union members that will need medical help in the years to come. They need to step up to the plate and do honest and humane proposals or these talks will still be going on next Christmas. Clearly they want the public and all our customer unions to be involved in this debate. So be it. Also, the Company is well aware that this union has more than one unit to represent. I made this clear weeks ago. Their whining that we "refused to keep bargaining" is dishonest at best. Planet Earth does not rotate around TR's schedule and TR's priorities. They could end this in an hour if they wanted to. Dave |
| 9/20/2009 The Empire Bargaining Unit spoke loudly as it rejected the Company's "Last, Best & Final Offer" by 331 to 143. Afterwards the Union was blamed for "misinforming" the membership. Nevertheless, the Union committed to refraining from work stoppages or slowdowns until we had an opportunity to meet and discuss the situation with the Company. The Company stated they were available in October and we will arrange dates this week. The Unions position is this:
To date the Union has been extremely patient. While plans are now in place for mass distribution of signs and media events we are very hopeful that Texas will seek a return to collaborative bargaining with an open mind. The Company's anti-labor and anti-Union contract proposals were, at best, ill advised and have been a major roadblock. Labor was a prime driver behind this Company's growth for three decades. It would be a shame and a travesty to turn these allies into enemies. The Company's last proposal for matching FSA funds was $90,000 for one year. That is less than 8% of the bottom line profit Store #40 in Geneva NY will contribute to the Company this year. Getting sick should not be an Rx for bankruptcy in America, at Empire or anywhere else. Let's make some humane compromises and get back to the work of providing eyewear. Dave |
| 9/27/2009 The Company and the Union will be meeting on 10/1/2009 to discuss where we go from here. Key points that will prove to be a problem are:
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| A tentative agreement was reached on 10/1/2009. The union recommends ratification. Ballots will be sent by tote this week with hard copy of changes. |