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<blockquote data-quote="zubenelgenubi" data-source="post: 3771801" data-attributes="member: 63706">Article XII Sec 2 (d)&quot;When in the judgment of the negotiating committee&nbsp; the involved employer has made a fnal offer of settle‑ ment, such negotiating committee shall have the authori‑ ty, with the approval of the General Executive Board, to&nbsp; conduct agreement ratifcation votes ...&quot;It doesn&#039;t go to a vote until the negotiating comittee determines that it is a final offer, and the locals review it. Doesn&#039;t matter if UPS says it&#039;s a last best or final. In this case, it clearly wasn&#039;t a final offer from UPS&#039;s perspective. In Art 12 sec 2 (d) (2) it states:&quot;If less than half of the eligible members cast valid ballots, then a twothirds (2/3) vote of those voting&nbsp; shall be required to reject such fnal offer and to&nbsp; authorize a strike. The failure of such membership&nbsp; to reject the fnal offer and to authorize a strike as&nbsp; herein provided shall require the negotiating com‑ mittee to accept such fnal offer or such additional&nbsp; provisions as can be negotiated by it.&quot;This pertains to our situation. The language here clearly states that if we fail to reject the offer and authorize a strike, the negotiating committee is required to accept the offer, or they can try to make some changes. The key here is the phrase:&quot;The failure of such membership&nbsp; to reject the fnal offer and to authorize a strike as&nbsp; herein provided&quot;The key word in this phrase is &quot;and&quot;. We have to both fail to reject the offer (which we did) and fail to authorize a strike (which we did not) for the negotiating committee to be required to do anything. The union is not required to accept the offer, nor are they required to call a strike. They can technically start from scratch and reopen negotiations if they want, and if UPS is open to it.</blockquote>

[QUOTE="zubenelgenubi, post: 3771801, member: 63706"] Article XII Sec 2 (d) "[B]When in the judgment of the negotiating committee the involved employer has made a fnal offer of settle‑ ment, such negotiating committee shall have the authori‑ ty, with the approval of the General Executive Board, to conduct agreement ratifcation votes[/B] ..." It doesn't go to a vote until the negotiating comittee determines that it is a final offer, and the locals review it. Doesn't matter if UPS says it's a last best or final. In this case, it clearly wasn't a final offer from UPS's perspective. In Art 12 sec 2 (d) (2) it states: "If less than half of the eligible members cast valid ballots, then a twothirds (2/3) vote of those voting shall be required to reject such fnal offer and to authorize a strike. The failure of such membership to reject the fnal offer and to authorize a strike as herein provided shall require the negotiating com‑ mittee to accept such fnal offer or such additional provisions as can be negotiated by it." This pertains to our situation. The language here clearly states that if we fail to reject the offer and authorize a strike, the negotiating committee is required to accept the offer, or they can try to make some changes. The key here is the phrase: "The failure of such membership to reject the fnal offer and to authorize a strike as herein provided" The key word in this phrase is "and". We have to both fail to reject the offer (which we did) [I]and [/I]fail to authorize a strike (which we did not) for the negotiating committee to be [I]required [/I]to do anything. The union is not required to accept the offer, nor are they required to call a strike. They can technically start from scratch and reopen negotiations if they want, and if UPS is open to it. [/QUOTE]

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