What will happen next week, on July 10th?
What we will do depends on whether Acme actually terminates the contract, and implements their “Last, Best and Final Offer.” Considering the different messages that the Company has put out we will have to look at what they actually do and be prepared for a response. Be assured that the Union is planning for all possibilities. Please know that whatever action the Company decides to take, the Union’s reaction will be definitive, strong and appropriate.
The Company has stated that I will not receive unemployment if I do not report to work due to a work stoppage, is that true?
You should not believe anyone, including the Company, who tells you that they can guarantee a specific outcome from the Unemployment Board. Don’t let the Company scare you – although there are no guarantees about what a court might do, we are confident that if there is a work stoppage at Acme due to the Company implementing its final offer, all members will receive unemployment benefits.
Will I receive unemployment benefits If Acme implements its final offer prior to impasse and there is a work stoppage?
Yes. Under the law, an employer and a union must continue to negotiate for a collective bargaining agreement after the old one expires. If an employer implements its final offer before a reasonable time has passed and employees refuse to work under the new terms, the employees are entitled to unemployment compensation.
Have employees offered to work for a reasonable time under the old contract?
Yes. Your collective bargaining agreement was due to expire on February 2, 2008. Since that time we have been working under the terms of the contract because it has been extended. We have also indicated that we are willing to continue to work under the extended provisions, while we continue to negotiate with Acme. We have been involved in complicated negotiations with Acme over many issues. This is not surprising given the state of the economy. Even though Acme made major changes to its pension proposal only a few weeks ago, they have refused to meet with us to bargain. On that basis alone we are not at impasse, and if Acme implements its offer we believe employees will receive unemployment.
Has Acme agreed to let the Union work for a reasonable time under the old agreement?
No. Acme has insisted on drastic changes to your agreement, including radical changes to pension, health and welfare reductions, and little or no wage increases. While we have been willing to continue to work under the old agreement, and willing to negotiate, Acme refuses to bargain with us over these changes. Acme’s insistence on imposing its final offer at this point is completely unreasonable.
Are employees in violation of Article 25 of the contract by providing Acme customers with flyers about the status of bargaining, and asking customers to encourage Acme to negotiate a fair contract?
This is simply another scare tactic that the Company has used to try to stifle your rights to fight for fair treatment by the Company. The truth is that Acme employees have the right, under federal labor law, to do exactly what you are doing.
When you are on your own time – at lunch, before and after work – and in non-selling areas of the store property, you have the absolute right to ask customers to support you. Do not be fooled by the Company’s attempts to scare you. These are old-fashioned, Union-busting techniques.
Do not be intimidated. We are strong together, and we will remain unified through these negotiations. We have had our attorneys reach out and contact the various police departments that the Company has called to try to interfere with your rights. Through our attorneys, we have advised the police that you have the right to do what you are doing. Our lawyers have also filed unfair labor practice charges against Acme with the National Labor Relations board, so that you can continue to exercise these rights.
What is going on in negotiations?
The discussions between the Company and the Union are at a sensitive juncture. Through the offices and efforts of the Federal Mediation and Conciliation Service, the Federal Mediator has convened meetings. This past week we met for a number of hours over a few days, and will continue to do so. We do not think it would serve any good purpose to discuss specific details at this time, but you should know that the Union is making a legitimate effort to address issues that are important to the Company, while keeping our own goals in mind. We look forward to meeting again with the Company in the coming week.
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