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News from the 408 - 10/08

Our .General membership meeting was held on July 20th, 2008. We had
150 union members in attendance, a historic number for our local.
Presentations covered a number of International priorities such as
passage next year of the critical labor legislation, the Employee Free
Choice Act.

Comparisons were also drawn between McCain and Obama on labor
issues. Free Trade, bargaining rights, health care and pensions are all
International priorities.

Many Union members got the opportunity to speak on the issues critical to
their bargaining units.

The Locals financial documents were available for inspection.
We honored our troops and their families. Check out the tribute video link.

An important milestone was reached as the Davis Vision and Empire
Vision Union members stood together and chanted. Although I admit that I
pre-prepared some of that I was moved and delighted at some of the
spontaneous and heartfelt slogans that were created on the spot by Union
members with something to say. The home page video is just a sample.
More information on the 408 Info page.


Davis Vision - Latham

Preparations for the Latham Costumer Relations and Information
Technology Center Bargaining Unit are under way. Their contract expires
on 9/30/08. One chant in out video trailer was "Davis Vision-Made -The -
Wrong-Decision". This relates directly to the companies decision to limit
merit increases to 1/2 percent this year while telling each employee that the
union raise would have to do. Empire Vision folks saw the death of the
merit increase years ago (unless you were related to the right person) as
part of the companies effort to "dumb down" every employee into a human
vending machine spitting out the same Chinese product over and over. Now
this "dumb down" approach seems to be infecting Davis Vision also. Or
should I say that the ECCA philosophy is taking root.

My gut feeling is that Highmark  or ECCA has capped COLA raises at a
number lower than the current 5% inflation rate. If my gut feeling is right
then Latham may well turn out to be the longest and most painful collective
bargaining process in the companies history. Hopefully they will not force
us out of a win-win bargaining mode. We have common interests but it
takes commitment from both side to accomplish a win-win result. It will be
up to them. We have a Latham update link on the home page for all union
members to use as the process progresses.

Davis Vision - Plainview

We filed final briefs on an arbitration for the Plainview, NY shipping
Department in early August.  After years of collective bargaining the lucrative
and beneficial (for both sides) incentive plan Davis cut the shipping
incentive in half unilaterally. They felt that they were paying too much to
shipping. (After raising their workload 25+%)
Early September is when the arbitrator decision is due. We will see.

Davis Vision- Las Vegas

In May they fired our Steward. The manager claimed she ordered and stole
a pair of glasses. I start digging and it turns out they claim to have all kinds
of documented "proof" but it is mysteriously missing.  I dug some more and
it turns out that the manager has a alleged history of bad-mouthing the
union. Looks like he has had it out for this employee for some time. That's
what it looks like to me. Meanwhile, the upper management folks are in
denial because they have never seen this side of him. (duh) We will be
headed to arbitration soon to see who is right. Meanwhile the NLRB is
taking a look at my request and the EEOC is taking a look at the request of
our fired African-American Steward. We will let the process work out. She is
OK. Unemployment has paid her and she is trying a new job as we speak.
Go Vickie. We got your back.

Davis Vision - Philly

Been pretty quiet. What's wrong with you Marshall and Joe? Cause some
trouble already. You can see Joe Miller in the video. He is out front chanting
"Highmark health care one hundred percent". Go Joe!!!


Empire Vision

Where to begin? The Empire continues to operate like they never heard of
the word "union".  It's a shame really.

Before I update you though I should offer a word to the management folks
that read the Union communications. (Hey, it's part of their job) Please!
Please don't give yourself a wedgie and tear out your hair because I speak
my piece. Unions are not the cloak and dagger affairs that closed
corporations are. This is a democratic political organization. By nature we
have some opposing interests. I like to see reasonable work rules and
more money in my union members pockets. You have CEO's and COO's to
answer to from an insurance company with 6 Billion dollars in cash
reserves. You also like to see your bonus checks get bigger for showing
more profit. All quite understandable.

You VP types and HR types and Chief add a couple letter type folks seem
incapable of believing this but...I believe that the union's oversight and
ability to play devil's advocate to your agenda could be a real asset. Any
agenda benefits by an honest an spirited  vetting.  

Case in Point. Local 408 and Empire Vision are slowly  spiralling towards
an arbitration proceeding that will disrupt dozens of lives, taking them away
from their jobs and costing the union and the company tens of thousands
of dollars, a conservative estimate.

All because the decision was made last November that the union had no
role to play in the biggest work rule changes in the history of the company. It
was made clear that the union's opinion was irrelevant and that the
company was going to do whatever it pleased. I sat and listened last
November 8th while these leaders declared the labor movement dead or
on life support at best. This from a group of individuals that owe much of
their accumulated wealth to the labor movement.

And they wonder why I get grumpy.

In contract negotiations we hammered out a seven point agreement about
our traveler program. A few months later the company cherry picks the
points that will make them the most money. They ignore the agreement
points that benefit the union and roll it out while I am busy  in Long Island
trying to keep one third of our Plainview , NY workers from being fired for
having had improper immigration documents 15 years ago.

And they wonder why I get grumpy.

These scenarios and others have been played out over and over and over
again by EVC leadership. And every time I get the same excuse from the
same individuals.

"Oh. We made a mistake."

And they wonder why I get grumpy.

The major issues on the table today, and in the grievance process, boil
down to three issues.
  • Failure to make "every effort" to give associates two days
    off in a row.
  • Failure to follow the established job descriptions,
    especially in our labs.
  • Failure to deal with union representatives as the contract
    requires. (Failure to Bargain)

The company basically has said they will tell their managers to try and get
two days off for people but they feel they only need to make a "reasonable"
effort, not "every effort". They refuse to let seniority be a variable.

They have ignored our established training system for lab associates
because they feel it is none of the unions business. Of course, in the past
the training guidelines were used as a tool to keep peoples salaries lower
but now it is 8 weeks and you are on your own.

Since last November 8th, when the company brought me to Erie Blvd.
under the guise of discussing a new smoking policy and then, with the
company lawyer standing by, ambushed me with the "Open Mondays"
dictate they have not bargained one single thing. They have done whatever
they pleased apparently willing to risk all of it in an arbitration. Thank you.
Thank you very much. A very productive way to do business. An interesting
way to "partner" with the union.

Now, having said this we have a real opportunity to change course. If EVC
leadership is serious. (If) They have agreed to a non-binding mediation
effort before we go to arbitration. It is a wise move because if they don't get
a clue very soon they are facing a multi-week, multi-state arbitration that will
see dozens of union members telling their story to the arbitrator. It will not
be cheap but that is what you pay dues for. I also know that for every dollar I
spend they spend ten dollars. The company attorney might as well start
picking out his new Cadillac because he will be billing about three hundred
hours on this one.

One last story to illustrate how disingenuous the Company has been on
this. In my first arbitration they were keel-hauling a young optician for using
his second pair benefit improperly. One of the reason we lost was a
document that we all signed stating that we understand all company
policies. I questioned the HR witness about how all of us just have that
document stuck under our noses with the order to sign this, "corporate
wants it back today". The HR lady said, "If they signed it they understood
what it meant". Then, when I showed her the petition that 150 union
members had signed demanding that they bargain with us this same HR
lady said, "If you go and put it front of people they will sign anything".  Same
HR lady in both cases. This is like bargaining with a chameleon.

I can only hope that ECCA brings some ethics and honesty to the table
because this is a company in dire need of a wake up call. They are sitting
on a powder keg and have no clue that the fuse is lite. Empire Retail
Contract negotiations are less than one year away. It looks like we will get
to see how these folks do on the sales floor and in the lab. Plans are
already underway to be prepared for these negotiations. The Company
attorney can start looking at boats too. Stay tuned. I  will be posting results
of the mediation effort as we work through this sad case of corporate
myopia.

Balester Optical

Flurry of write ups the last few months. Unusual for this family owned
business. We sat down and talked for a while. Union will have to visit a little
more often for a while.
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News from the 408 - 11/08

Medical benefit Negotiations have dominated my time the last few weeks.

Latham will have contributory benefits phased in over three years.

Davis labs will receive generous FSA matches.

Negotiations broke down with Empire as they just were unable to
address the unions concerns. Our Two day off and Lab training grievance
now appears headed to arbitration.