That language is from the existing contract....
You are correct.
The existing agreement, set to expire August 1, 2018, was reopened and renegotiated, per the contract and the IBT Constitution.
Contract
Section 2.
Where no such cancellation or termination notice is served and the parties desire to continue said Agreement but also desire to negotiate changes or revisions in this Agreement, either party may serve upon the other a notice at least sixty (60) days prior to July 31, 2018 or July 31st of any subsequent contract year, advising that such party desires to revise or change terms or conditions of such Agreement.
IBT Constitution
When a master agreement negotiated under the provisions of this Article provides for a reopener and renegotiation, or is voluntarily reopened during its stated term, the above voting procedure shall apply to ratification of the new terms, if any, and Section 2(d) shall apply to strike votes.
We already had a strike vote, so we don't need to apply the vote results to a strike vote. If we didn't already give Hoffa permission to strike, these vote results, per Section 2(d), would require a 2/3 majority to reject the offer and to authorize a strike.
A TA was reached and the offer was sent to us to vote on. The issue at large is whether this was a final offer or not by UPS.
Section 2(a) of the IBT Constitution says any offer sent to us is a final offer.
Upon completion of negotiations by any committee designated as hereinafter set forth to engage in negotiations of a master agreement, such agreement shall be submitted to the membership involved in such negotiations for their approval or rejection as the final offer in accordance with Section 2(d) herein.
Section 2(b) just calls for a majority to accept the offer, but does say a word about rejecting the offer.
If a majority of the votes cast by the involved membership approve such agreement, it shall become binding and effective upon all Local Unions involved and their members.
Section 2(d) outlines the voting procedure if the NNC believes UPS has made a final offer.
When in the judgment of the negotiating committee the involved employer has made a final offer of settlement, such negotiating committee shall have the authority, with the approval of the General Executive Board, to conduct agreement ratification votes and strike votes on such area, multi-area, multi-employer, national, company-wide, industry-wide, or Local Union basis as the committee shall determine, except that no such final offer shall be considered to be a contract offer subject to ratification by the membership until it has been reviewed by the Local Unions which are the bargaining representatives of the involved members.
Wait a minute....didn't Section 2(a) say any offer sent to us was a final offer?
I believe this Section means that this was a final offer sent to us from the IB, not necessarily a final offer from UPS. There was no other offer "waiting in the wings" to vote on should this one be rejected.
So, is this a final offer from UPS or not? Do we apply Section 2(b) or Section 2(d). Neither UPS nor the IBT said anything about it. One way or another.
Did the NNC believe that this was a final offer from UPS? If they did, they would need to have it reviewed by all Locals involved before sending it to us to vote on.
Section 2(d)
When in the judgment of the negotiating committee the involved employer has made a final offer of settlement, such negotiating committee shall have the authority, with the approval of the General Executive Board, to conduct agreement ratification votes and strike votes on such area, multi-area, multi-employer, national, company-wide, industry-wide, or Local Union basis as the committee shall determine, except that no such final offer shall be considered to be a contract offer subject to ratification by the membership until it has been reviewed by the Local Unions which are the bargaining representatives of the involved members.
Again, they did not need to apply the voting result to a strike vote because the IBT already had our vote to strike.
What did the NNC, and the IBT, do with the current offer?
They held a 2 man meeting with all the Locals to determine whether or not to send the TA to us for ratification. This does not happen under Section 2(b), no clause in Section 2(b) for this to take place, if it is not a final offer by UPS. Or if the NNC believes that it is not a final offer by UPS.
This only happens if the NNC believes that this is a final offer by UPS, and Section 2(d) determines the rules of the vote count.
We needed 2/3 to reject, since less than half voted it and to authorize a strike, although the IBT already had our strike authorization, meaning they could have struck at any time without this vote count.
A majority passes the offer, a 2/3 majority rejects the offer since less than half voted.
OK. UPS made a statement that they were willing to talk to the Union once the result was announced. This does not mean that at the time, the NNC believed it was not their final offer.
Should Hoffa have accepted that invite? Well, there were no guarantees, and according to Section 2(d) of the IBT Constitution, the contract that was approved by the NNC, International and super majority of all Locals, was not rejected, so it passed.