May 7, 2012 CWA Stewards Meeting Power Point

8/2/2019 May 7, 2012 CWA Stewards Meeting Power Point

1/21

Objectives Going in to

Bargaining Knew would end up paying more for

healthcare

Preserve key language gains made overlast three decades

In particular preserve language gainsmade during last two contracts

Language which made contract enforceable

Language which prevented unilateral changes


2/21

Collective Bargaining in the Public

Sector

Legal restrictions that do not exist in theprivate sector

Limited sco e of ne otiations

Why cant bargain over decision to subcontract,layoff, transfer and reassign?

Foundations of representative democracy wouldbe destroyed. NJ Supreme Court RidgefieldPark (1968)

No right to strike

Union Beach NJ Supreme Court (1968)


3/21


4/21

Imposition Supreme Court decision NJ Transit (1991)

Whenever public employees reach impasse with

their employer, there are a host of procedures,

comes to shove, it is the employers last offer, itsunilateral last offer, that prevails and, by law, theemployees must abide by it.


5/21

Imposition and Impasse What can the State impose?

State can impose its last best offer

What is the last best offer?

The last offer the employer makes to the factfinder

Can that offer be worse than the last offer atbargaining?

After imposition, is there a contract?


6/21

What have we agreed to? Objective Preserve integrity of contract langauge Article 4 Grievance Procedure

Mediation procedure Article 5 Discipline

Minor discipline appeal procedure Exchange of information

Article 8 Hours of Overtime

Maintained commitment that no change in scheduleto avoid OT


7/21

What have we agreed to? Article 22 Leaves of AbsenceAffidavit in lieu of doctors note

Article 24 Leaves of Absence without Pay

Article 38 Presentation of Agreement SL 29 Use of Email


8/21

The Impact of the Local 195

Contract CWA spent years preventing other unions from setting

the pattern

Local 195 set a problematic pattern Across-the-boards 3rd r. 1% 4th r. 1.75%

Shift differential - $55,000 cap

Clothing Allowance Reduced from $700 to $550; newcriteria and $55,000 cap for uniforms and special

clothing Bonus for workers not receiving increments first two

years of contract


9/21

Language ProblemsArticle 6

Current languageappropriations of funds for these specificpurposes, the State agrees to provide the

following benefits effective at the time statedhere, or if later, within a reasonable time afterenactment of the appropriation.


10/21

Article 6 contd Enforced of right to negotiated raises 1991 Florio demands that the state unions rollback

wages to June 30, 1990, suspend increments, pay 25%

for healthcare or face 10,000 layoffs.

not fund the raises. Unions file grievances alleging that Governor obligated

to propose budget that funds the raises.

Claim violation of Article 41, Effect of Law If any provisions of this agreement require

legislative action . . . or require the appropriationof funds for their implementation . . . the partiesshall jointly seek the enactment of suchlegislative action . . . .


11/21

Article 6 contd States proposed language:

Subject to the appropriations and allocation of full

funding for these specific purposes, the State agrees. . . .

full funding for the specific purposes set forth below isnot allocated and appropriated, the State shall haveno obligation to provide said benefits, and

payments for any such benefits shall be at the solediscretion of the State.


12/21

Article 6 cond Where did this language come from?

What does allocation mean?

What does full funding mean? AAUP-AFT language from Rutgers Contract:

Subject to the appropriation ofand allocation to theUniversity by the State of adequate funding for the

specific purposes indentified for the full periodcovered by this Agreement, the following economicprovisions shall apply


13/21

Article 6 How did Rutgers Apply

this language? Rutgers and its unions entered into similar

MOAs in 2009 as did CWA and the other State

unions

under the MOA

Those raises are only now being paid over the

term of a new contract But, appropriation and allocation language suspendedfor life of the contract


14/21

Article 6 The language proposed by the State is

worse than the Rutgers language

RU language says the State mustappropriate and allocate adequatefunding.

Christie wants language that says fullfunding must be appropriated andallocated


15/21

Article 6 What if the funding is $1 less than full

funding?

,Governor decide not to allocate the fundsappropriated to pay raises and

increments?


16/21

Article 39 Complete Agreement

A. Maintenance of Benefits

The fringe benefits, which are substantially uniform in

their application to employees in the unit, and which,

the Health Benefits Program, the Life InsuranceProgram and their like, shall remain in effect withoutdiminution during the term of this Agreement unless

modified herein or by subsequent agreement of theparties.


17/21

Article 39 What does this language mean when the

Legislature changes benefits mid-

contract?

How does the State want to change thislanguage?


18/21

Article 39 The fringe benefits, which are substantially uniform in

their application to employees in the unit, and which

are currently provided to those employees, such asthe Health Benefits Pro ram the Life InsuranceProgram and their like, shall remain in effect withoutdiminution during the term of this Agreement unlessmodified herein, changed pursuant to statute, or by

subsequent agreement of the parties.


19/21

Side Letter 13 Job Security Why important? Current SL applies to all privatization or closures, no matter what the

reason.

Requires detailed accounting of all costs under privatization and acomprehensive cost analysis. Union must be given opportunity to show it can do work more

efficiently than private contractor. Third party must determine if there will be substantial cost savings

from privatization If general layoff State must review private contracts and use best

efforts to bring back work if no substantial cost savings.


20/21

SL 13 What changes does State propose? SL only applies if reason for privatization or closure

solely fiscal. Will not provide an accounting of all costs or a

No opportunity for the union to demonstrate that it cando the same work more efficiently

No third party determination of whether there are

substantial savings If general layoff, no obligation to review current contracts

and if no substantial cost savings to use best efforts tobring work back in-house.


21/21

The Fact Finding Process Used in past to break pattern set by AFSCME Full-blown public trial

Held in large public venues

100s of workers attended some of the hearings x r w n n u g

Also presented evidence through union officials andworkers

Cross examined their witnesses

Richard Keevey- budget director at the time Admitted $1 billion in a capital fund that was available to address

any budget problems

Documents

May 7, 2012 CWA Stewards Meeting Power Point