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You have rights during disciplinary meeting
This is an important reminder for anyone who finds themselves called in for a meeting that turns out to be disciplinary.
You have a right to be represented at a disciplinary meeting by a union steward. If your boss tells you he or she is putting a letter in your file or is writing up a “performance improvement plan,” you have a right to be represented during that discussion.
But here’s the thing: You must exercise the right. The Company doesn’t have to remind you of your rights or tell you to get a steward. You have to say you want one. Once you do, the meeting cannot continue until a union steward is present. You have a right to leave or not attend if your request is denied.
You have the right to ask for a steward at any point in a meeting. If what you thought was a casual conversation turns into a discussion of your job performance, you can say at any point “I respectfully request union representation.”
These rights are so important, we spell them out on the back of your contract. Still, we’ve had recent examples of Guild members coming to us when they’ve already been disciplined, sometimes more than once. It’s much easier to represent your interests when we are present from the beginning so don’t hesitate to stand up for your rights as an employee. We’ll be glad to be there for you.
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Guild to review proposed benefit cut
The Times Union is proposing to eliminate a benefit to district managers, and the Guild is investigating whether that action would violate the contract.
District managers receive a flat weekly allowance for the use of their cars, with the amount varying depending on what depot they work from. The contract language, which is still in effect, says that the allowance can be dropped if the employees are transferred to another district or “there is a marked reduction in their districts or mileage driven.”
To investigate the Company’s action, the Guild is asking the Company to document the factual basis for its action for each and every district manager. Once we receive that information, we will review it with the affected personnel. We will then determine whether the Company’s action is in violation of the contractual language.
The amount district managers receive each week can vary from approximately $15 to $30 a week. District managers now oversee not just the delivery of the Times Union, but The Record, Gazette, Saratogian, NY Times and other publications as well.
“The Company cannot just unilaterally decide to end a negotiated benefit,” said Guild President Tim O’Brien. “It must follow the contractual language. It is the Guild’s role to investigate any proposed changes in benefits and to determine whether those actions are permissible under our contract.”
The union has invited district managers to provide their input, and it will continue to keep them advised throughout the discussion.
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Union role leads to job for Stacy Wood
Last week, Guild President Tim O’Brien had the honor to introduce the newest employee of the AFL-CIO’s Workforce Development Institute at a breakfast of labor leaders.
She is a familiar face to Guild members: our former colleague Stacy Wood.
Stacy served as a member of our bargaining team and on our Executive Board. She was known for her fairness, honesty, integrity and her willingness to stand up for her colleagues even when under pressure herself. Not only did Stacy always keep her sense of humor, she even volunteered to keep helping the bargaining team even after taking a buyout.
Stacy’s involvement in the union has now paid off with a new job as a regional program assistant with the Workforce Development Institute.
“My experience working with the Guild provided me with the knowledge and personal connections I needed to make a career change,” Stacy said. “I am not sure I could have made the transition had I not been involved with the Guild. It is really gratifying to know the work I am doing now enriches the lives of others, and you couldn’t find a better group of people than those in the labor community.”
In these economic times, it makes sense for employees to have a backup plan. Activity in the Guild can be a great way to add experience to your resume. The Capital Region is home to many labor unions, which have their statewide offices here, as well to political leaders, both Democrat and Republican, who are labor friendly. Union activity can also demonstrate your leadership skills.
The Guild now has an opening for a vice presidential slot on the Executive Board. If you’re interested, let us know. We will be scheduling an election shortly.
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Company clarifies parking policy
The Times Union has clarified the new parking rules: No one will be towed if they stay past the length of a normal work day and employees will not find their cars gone if they carpool with c0lleagues after work.
In a letter by attorney Mark Batten, the Company said, “the Guild expressed concerns about whether an employee’s car might be towed because he or she went out with colleagues for a drink after work, for example, or because the employee is working a shift that does not correspond to a “normal work day.” The answer is no. The Company does not intend to tow cars in such situations.”
Batten noted the Company permits employees to leave their cars in the parking lot for extended periods. It is simply seeking notice if an employee plans to leave a car in the parking lot “for an unusual length of time.”
“Such routine, day-to-day matters as going out to dinner has never resulted in the towing of a car, and will not in the future,” Batten wrote. “The Company also obviously understands that the definition of a “normal work day” may vary among bargaining unit members depending on their shift, and the policy does not impose a single dawn-to-dusk rule that would cause inconvenience for those employees.”
The letter addresses the concerns raised by many of our members when the e-mail announcing the policy changes was sent out. As a result of that clarification, the Guild withdrew its charge with the National Labor Relations Board challenging the legality of the policy being imposed without negotiation.
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Members approve pension fund merger
Members approved a merger of the Guild pension fund into a Hearst fund by a 45-14 margin Tuesday.
Turnout was relatively low, partly due to the fact that a delay in getting a written agreement meant the vote had to happen Christmas week.
The decision clears the way for the pension trustees to vote Wednesday on merging the two funds. In return for the merger, the parties have agreed benefits will continue to accrue at current levels for the next two years. At the end of 2011, however, the Company could make decisions to reduce or freeze benefits without the union’s input. Any benefits earned to date, or over the next two years, are protected and cannot be reduced once they are earned.
“Our members weighed the benefits and risks and considered what is happening both in the newspaper industry and with pensions in general,” Guild President Tim O’Brien said. “The Company should realize, of course, that with great power comes great responsibility. Our members agreed to allow the merger in order to make the fund more financially secure. Future decisions about pension benefits should be based on the fund’s financial health and not any other factors including a corporate desire to ‘get out of the pension business.’ The retirement health of employees is based on their ability to get a pension.”
The company must continue to contribute the 85 cents an hour into the Hearst fund to pay for our pensions. That money comes from wages that were deferred over the years. Any change in that contribution must be negotiated.
The Guild also made clear it retains the right to bargain over pension benefits in the future.