nospinzone
Well-Known Member
The truth on decertification--please read
In replying to Mr BUG's prior comments, I would like to make a comment before dispelling his point. BIG UNION GUY HAS BLATANTLY PROVIDED AN EXAMPLE OF MISINFORMATION SIMILAR TO THE BS THAT TEAMSTERS OFFICIALS HAVE SO ELOQUENTLY FED ITS MEMBERS OVER THE YEARS!!!! They mean only to deceive you so as to keep the cash cow within their grasps....AKA...deny UPS'rs the pension and benefits we have worked so hard for. I urge all intelligent adults to THINK-------INDEPENDENTLY.
As stated in the Basic Guide to the National Labor Relations Act,
As stated in section 9(c) of the Act:
Following the vote, if the newly elected agent enters into a contract within the first 365 days, the contract becomes binding and and the terms of the contract dictate when a new election can be held. If the agent fails to enter into a contract in that time period, a new election can be petitioned. I know for a fact that the APWA officers have already begun writing the language of the new contract. Contact them should you wish to discuss this process!!
The National Labor Relations Act does not specifically address every possible scenario. Law is developed through cases/decisions handed down by the NLRB and precedence becomes the established law. Should Teamsters win the decert vote, their contract would remain in place. Should the APWA win the decert vote, the precedence of STATUS QUO would take effect. The current guidelines and agreements found within the IBT contract would still be in full force and would PROTECT ALL WAGES, JOBS, AND BENEFITS AS UPS EMPLOYEES ENJOY THEM NOW. The NLRB website if full of case decisions which support the precedence of STATUS QUO. In 1982, an interesting decision came down in USPS vs National Postal Professional Nurses in case 5-CA-11693 (pdf file)where the USPS attempted to raise wages for only non-union employees while a newly certified union was negotiating the new contract. The NLRB found that the USPS was failing to bargain with the new union in good faith and the NLRB not only protected the current wage schedule, but also forced the USPS to include the wage INCREASES in the new contract. Bottom line is that UPS employees will not be left defenseless against the company when APWA is certified.
One final point....there are some very nice people working at the branch offices of the National Labor Relations Board. The lawyer I spoke with was happy to answer my questions. I recommend that you call them and talk to them personally if you are concerned about the election process. Visit the NLRB contact page and find the office nearest you. They were very helpful in answering my questions.
Forgive me for the length of this post. When lies are dissiminated, great effort must be made to expose them for what they are......lies. I hope that is what I have done here.
nospin
wily-vet.....im workin on obtaining internet sources to back up my answer. I havent forgotten about you.
In replying to Mr BUG's prior comments, I would like to make a comment before dispelling his point. BIG UNION GUY HAS BLATANTLY PROVIDED AN EXAMPLE OF MISINFORMATION SIMILAR TO THE BS THAT TEAMSTERS OFFICIALS HAVE SO ELOQUENTLY FED ITS MEMBERS OVER THE YEARS!!!! They mean only to deceive you so as to keep the cash cow within their grasps....AKA...deny UPS'rs the pension and benefits we have worked so hard for. I urge all intelligent adults to THINK-------INDEPENDENTLY.
BigUnionGuy said:Maybe you could elaborate on the fact that after you get your decert vote, the employees will be without .......any representation for a year....... Please explain how UPS is going to be so generous in paying the employees wages and benefits that they currently enjoy while wating for your "team of experts" to negotiate a better contract for them.
-Bug-
As stated in the Basic Guide to the National Labor Relations Act,
When the decert vote is initiated, members will have three choices: IBT, APWA, or neither. The only way UPS would come out of a decert vote without representation is if the majority of members chose "neither". I will repeat this again. Upon counting the votes, the NLRB will only recognize the choice of the membership receiving the most votes--IBT....APWA....or if chosen by a majority, NEITHER. I called my local NLRB branch and verified this information today.The Representation Election. Section 9(c)(1) provides that if a question of representation exists, the NLRB must make its determination by means of a secret-ballot election. In a representation election employees are given a choice of one or more bargaining representatives or no representative at all. To be certified as the bargaining representative, an individual or a labor organization must receive a majority of the valid votes cast
As stated in section 9(c) of the Act:
Effect of certification. In addition to the contract-bar rules, the NLRB has established a rule that when a representative has been certified by the Board, the certification will ordinarily be binding for at least 1 year and a petition filed before the end of the certification year will be dismissed. In cases in which the certified representative and the employer enter a valid collective-bargaining contract during the year, the contract becomes controlling, and whether a petition for an election can be filed is determined by the Board's contract-bar rules
Following the vote, if the newly elected agent enters into a contract within the first 365 days, the contract becomes binding and and the terms of the contract dictate when a new election can be held. If the agent fails to enter into a contract in that time period, a new election can be petitioned. I know for a fact that the APWA officers have already begun writing the language of the new contract. Contact them should you wish to discuss this process!!
BigUnionGuy said:Maybe you could elaborate on the fact that after you get your decert vote, the employees will be without a contract.....for a year..... And then how it can take up to another year to get a new contract. No contract for 2 years.... Please explain how UPS is going to be so generous in paying the employees wages and benefits that they currently enjoy while wating for your "team of experts" to negotiate a better contract for them.
The National Labor Relations Act does not specifically address every possible scenario. Law is developed through cases/decisions handed down by the NLRB and precedence becomes the established law. Should Teamsters win the decert vote, their contract would remain in place. Should the APWA win the decert vote, the precedence of STATUS QUO would take effect. The current guidelines and agreements found within the IBT contract would still be in full force and would PROTECT ALL WAGES, JOBS, AND BENEFITS AS UPS EMPLOYEES ENJOY THEM NOW. The NLRB website if full of case decisions which support the precedence of STATUS QUO. In 1982, an interesting decision came down in USPS vs National Postal Professional Nurses in case 5-CA-11693 (pdf file)where the USPS attempted to raise wages for only non-union employees while a newly certified union was negotiating the new contract. The NLRB found that the USPS was failing to bargain with the new union in good faith and the NLRB not only protected the current wage schedule, but also forced the USPS to include the wage INCREASES in the new contract. Bottom line is that UPS employees will not be left defenseless against the company when APWA is certified.
One final point....there are some very nice people working at the branch offices of the National Labor Relations Board. The lawyer I spoke with was happy to answer my questions. I recommend that you call them and talk to them personally if you are concerned about the election process. Visit the NLRB contact page and find the office nearest you. They were very helpful in answering my questions.
Forgive me for the length of this post. When lies are dissiminated, great effort must be made to expose them for what they are......lies. I hope that is what I have done here.
nospin
wily-vet.....im workin on obtaining internet sources to back up my answer. I havent forgotten about you.