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UAW Local 1050 Arbitration
Win
With all of the attacks on the middle class working
people and specific targets from so called “Americans for Prosperity” corporate
funded Union busters, this article exemplifies the exact reasons that Union’s
were formed to protect workers from constant corporate greed and why corporate
funded groups like the “Americans for Prosperity” are exclusively formed to
demean Unions in an attempt to disenfranchise the average American worker from
organizing, having a voice, collective bargaining and solidarity in the
workplace.
In August of
2010, plant management called for a Bargaining Committee meeting to discuss
changing 16 different bargaining units start and stop times in order to make
them more uniform and cut down to 6 different start and stop times. After we
reached impasse, the company also informed the Bargaining Unit members that
along with the changes to the start and stop times being implemented, they
unilaterally eliminated a 20 minute break and a 15 minute clean-up/travel time
at the end of all shifts. The Local Bargaining Committee immediately filed
grievances along with NLRB Charges for the unilateral implementation of
eliminating both a break and clean-up/travel time. The premise of the grievances
was “past practice”.
With the support and direction of Region 2B director Ken
Lortz along with many UAW resources, we proceeded through our collective
bargaining agreement through the grievance procedure and ultimately arbitration
to seek remedy of this injustice.
The
first Arbitration date was heard on October 27, 2011 and
answered on August 14, 2012. The
answer essentially agreed that the issue should have been bargained with the
Union and there was clearly productivity gained by the employer that needed to
be shared with the employees. He left the remedy up to the parties to settle. A
month after the answer, the Union met with the company to discuss the financial
remedy but the company informed us that
they were going to appeal the arbitrator’s decision in Federal District Court
because they thought he ruled outside of his jurisdiction.
On December 31,
2013 a Federal Magistrate dismissed the company’s claim to vacate the award
and ruled that the opinion by the Arbitrator is well within his jurisdiction.
The Union met with the company on
February 12 & 13, 2013 to resolve the issue per the decision. The company
insisted that they didn’t owe the membership anything financial because their
new argument is that we received financial gains in our annual performance pay
which is a sort of profit sharing. You can’t imagine how frustrated we were at
this stage. It was agreed to go back to the Arbitrator for remedy because both
sides were completely at odds.
On June 11, 2014
the parties once again met with the Arbitrator to finally find closure on this
almost 4 year saga of a settlement. The Arbitrator wrote, “…to consider
factual evidence and discussion on the issue of what is an appropriate remedy.”
It wasn’t until November 4, 2014 that the Arbitrator once again agreed with the
Union and wrote, “Wherein the arbitrator remanded to the parties the
development of a factual record and consultation of payroll records for the
purpose of determining the payments in accordance with the general guidance
provided in the arbitrator’s opinions.”
On December 10,
2014 the Union and company once again met to comply with the arbitrator’s
decision but instead of consulting the payroll records, the company now was
arguing another new claim in an effort to limit their liability by presenting a
mirage that all employees really were not affected as the union has claimed.
They essentially tried limiting their liability by 50% by trying to present new
evidence that Union Members really didn’t lose a break and clean –up. Most only
lost either/or. Obviously the union was not re-litigating the case. We only
wanted the payroll records to resolve the grievance.
We agreed to once again seek the
arbitrators resolve because he still had final jurisdiction on the case.
On March 5, 2015
the parties once again met to present our case of remedy to the arbitrator.
Both parties had a chance to present any witnesses and exhibits we deemed
appropriate.
On August 6, 2015
the Final Award was issued and the following excerpts are from that award:
A)
Onetime
lump sum payment-“A onetime lump sum payment to individuals identified by
the Union to the company. The total onetime lump sum payment will amount to and
will not exceed $5,455,000.
B)
Add-On
Remedy Payment-“the Company agrees going forward to make an “add-on” payment
payable to each employee in the amount of $1.40/hour for each future hour
worked..” through the end of the contract at the end of February 2017.
C)
Breaks
and Clean Up Time-“…the Company is instructed to re-implement the 15 minute
clean up time for employees going forward in all areas.”
D)
General
Wage Increase-“Effective with the payroll week starting August 17, 2015 a
general wage increase of $0.30/hour will take effect to provide the remedy going
forward.”
For any of those doubters or negative thinkers that claim
that Union’s don’t have the Solidarity or representation skills of the past, I
say what a Huge Win for the UAW! There is no way that our UAW represented plant
would have had any chance with this unilateral change that has been a past
practice for many years against a corporate giant and come out as the
largest grievance settlement in UAW
history! For those that like to parade the logo “Right to Work” I say what about
the Right to WIN with collective bargaining!
On behalf of UAW Local 1050, we would like to personally
acknowledge and thank the following Union Representation that we received for
the past 5 years during this fight for all their contributions that could have
several times gone the other direction without their knowledge and knowhow
through this process:
Region 2B Director Ken Lortz
Servicing Rep-Mike Kuhel
Servicing Rep-Tim Levindusky
Servicing Rep-Chris Viscomi
Former Local 1050 President-Chris Marotta
In True Solidarity,
Don Mohn
President, UAW Local 1050