Refusal of disclosure

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Refusal of disclosure

Post  CATMANDO8426 on Wed Oct 15, 2008 4:36 am

Under our CBA there are three different catagories of job classifications Mechanic I, Mechanic II, and Mechanic IIa in the machine shop. In the parts shop there is Parts Person I Part Person II and Parts Person IIa. The first two categories top rate of pay increase every year according to the amount of the yearly union rate increase, the IIa calssification however does not ever change. Every inquiry that has been made as to whether or not the IIa classification qualifies for a rate increase has been met with speculation by the company and the union even though the contract states "every employee shall receive a yearly rate increase". The IIa calssification was created five years ago and applied to everyone hired after the date of its creation. We have asked repeatedly for clarification to tell us what training or years of service is required in order to graduate into a higher job class but we are told that once hired as a IIa you cannot transition into a new job class. Recently, an employee frustrated with our union's inability to deliver an answer went so far as to threaten legal action. His complaints were that other employees hired after him in the union shop were hired at higher starting rates of pay with less experience, refusal on behalf of the company to recognize completed training when making merit increases, and that it was unfair to expect those of us who have completed training to remain in a IIa class when the there is no difference in the job description and training between a II and a IIa. The union representative came to our job site (ive mentioned this in another forum but in less detail) went into a meeting with the company VP and refused to allow the petitioners to attend. After the meeting ended (15 mins no joke) the union rep emerged and told our members that they were going to change their job class from a IIa to a II. He also pledged to look into getting confirmation on the issue for the entire bargaining unit. However two weeks later having not heard anything the employee actually went to the hall to discuss the case with the BA. He was told simply that it had been dropped and that anything said during the meeting was confidential information between the union and the company and it was best to let the whole thing drop. Does this violate the unions obligation to fully address this issue?
From my perspective it seems that the employee was bought off to shut him and his supporter up.
Does the refusal to allow the member to attend constitute a lack of good faith on behalf of the union and the company, or a refusal to bargain collectively with the members of the bargaining unit under section 8 (b) of the NLRA?

(b) [Unfair labor practices by labor organization]

(1) to restrain or coerce (A) employees in the exercise of the rights guaranteed in section 7 [section 157 of this title]: Provided, That this paragraph shall not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership therein; or (B) an employer in the selection of his representatives for the purposes of collective bargaining or the adjustment of grievances;
This is really just a curiosity question the employee at this point feels that its pretty much hope pointless since we enter negotiations before the end of the year.
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CATMANDO8426

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Re: Refusal of disclosure

Post  JoeC (McGruff) on Wed Oct 15, 2008 12:37 pm

That is not a Section.8 violation the scenario you described is pretty standard. Management only has to confer with the exclusive bargaining agent, not the entire bargaining unit. Since bargaining on a wage is issue is under way with the union rep any leaks could be viewed as management as not bargaining in good faith. A Sec. 8 violation on the company would be if the representative showed up and management refused to bargain. Thats not what happened here.

The rep declaring the classification would be changed may well mean at the next round of scheduled bargaining when the contract is due to expire. Without knowing all the ins,and out of how the IIa job classification arose it is difficult to see what happened here. The IIa may have come about after a contract was signed by the employer ,and agreed upon by the union after in conference. I don't understand what the rep meant by clarifying the IIa position for the whole bargaining unit, was the position some local agreement, or is IIa position language in place for multiple employers all with the same Union? What union is this and when does the contract expire?
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clarification

Post  CATMANDO8426 on Wed Oct 15, 2008 1:45 pm

the clarification request was to determine what you have to do to graduate from one class to another given that both job descriptions are the same and do not include exceptions for years of service. Our members who are in a IIa job class are being held in a static rate of pay while our peers who are a II are in a payscale that goes up every year. Its equal work but not equal pay. II gets a raise IIa dont without defined reason or cause.
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Re: Refusal of disclosure

Post  JoeC (McGruff) on Wed Oct 15, 2008 11:50 pm

I understand all that you made that very clear, is the class IIa in the contract is the contract or is it a local agreement? Once again WHO is the bargaining unit? Was the contract negotiated nationally? That is every were you work in the U.S under this contract the exact wording on class IIa appears.
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CBA

Post  CATMANDO8426 on Thu Oct 16, 2008 4:20 am

Yes the IIa is in the contract and the contract is a local contract that our union calls a C book. Although we are dues paying members our rights are less limited than A book members who have access to the training center and are allowed to sign the waiting list to be sent out for work. It is not a nationally negotiated agreement and the union is the IOUE.
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Re: Refusal of disclosure

Post  JoeC (McGruff) on Thu Oct 16, 2008 4:26 am

Operating Engineer's good union. I am sure it will be worked out at the next contract if it is causing that much heartburn. Stay on them at the meetings.
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