The Union
Voice
Local 19 Spring Edition 2003
Established 1893
Education for our leaders has been a priority to our Local in recent years. We dedicate this edition and future publications to the goal of passing this information to the membership. We will endeavor to inform you of your rights, and you will be encouraged to exercise them. "If we fail to exercise our rights, they may be forgotten and violations may become routine."
-Inside-
ATU 19 Ready To Sign New Labor Agreement
By Dan Francis
…And By Their Fruit, You Will Know Them
By Gene Fletchall
R-E-S-P-E-C-T
By Gene Fletchall
Highlights of 2003 Labor Agreement
By Dan Francis
ATU 19 READY TO SIGN NEW LABOR AGREEMENT
Article by Dan Francis, ATU 19 President
As soon as corrections are made to the 2003 Labor Agreement draft the members of the ATU 19 Negotiating Committee will sign the new Labor Agreement. This has been a journey that started in September of 2001 when Professional Transit Management, Ltd won the transit management contract from the city. The union quickly did research on the ATU’s experience with PTM. We contacted locals that had negotiated with Tom Hock who is President and negotiator for PTM. We learned of the contract negotiation experiences of locals from Cincinnati, Minneapolis, Aspen and Tucson to name a few.
The next step was education. In March of 2002 the local sent Bob Lanucha and myself to the George Meany Center for a negotiation seminar. We learned some labor law, how to strategically plan, survey the membership and put some pressure on the employer. It turned out to be a wise investment considering at least 75% of our membership had not been through the negotiation process before.
During the summer months a survey team was mobilized and one-on-one surveys were conducted on the membership. This process provided us with the membership pulse and priorities, and gave the negotiating committee direction and resolve to stand strong for what was most important during the actual negotiation sessions. In the planning stages the decision was made to create a new openness between the negotiating committee and membership throughout this process. Information was disseminated through meetings, the newsletter and membership memos. Though some strategy had to remain confidential a tremendous amount of information was given to the membership.
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We knew PTM had a reputation for dragging negotiations out, and we prepared ourselves for that. Patience was a key that played in our favor.
What nobody anticipated was the medical insurance spike of 63.5%. I know of no transit property experiencing that. The company and city staff had planned for a 23% increase and planned the transit budget accordingly. They had also planned a 3.5% wage increase. The company got the medical insurance bid the day before negotiations, and it instantly put a damper on any economic progress. During the 1st session in November, 14 tentative agreements (TA’s) were signed but they represented little meaningful progress to the medical insurance dilemma that needed to be resolved by mid January.
Wages and medical insurance – the quality and employee cost - were by far the two most important items to our members. What we found out from our ATU International Representative, IVP Javier Perez, was that in our 13c agreement we had "interest arbitration" in the case of a labor dispute. What that means is that both parties – management and the union – present their positions to a neutral arbitrator or "fact finder". This individual essentially writes your labor agreement. There are risks to arbitration because you lose control to a third party, yet sometimes, and in our circumstance we thought it a viable option. We gave notice to the company in January we intended to take our dispute to arbitration. Our membership voted unanimously to give the Executive Board the authority to submit our dispute to arbitration and agreed to an assessment if that was the direction that was deemed prudent.
On March 3rd & 4th the union and company met with a federal mediator to see if an agreement could be reached before going to arbitration. Initially things moved slowly, but during the last afternoon progress was quickly made. There was some give and take from both sides and a tentative agreement was reached. The negotiation committee told the company they would let them know by the 7th whether they would "wholehearted endorse" the offer. This was done to give the committee time to meet with our attorney. We learned considering the economic climate and other factors that this was indeed a good offer and that we should recommend it for ratification.
On Sunday March 9th a special ratification meeting was called at the IBEW hall. The union and company Tentative Agreements we passed out to the membership. One by one they were read and sometimes explanations given. There was a time for questions and membership comments, and the question was called. A vote was taken and counted. The membership accepted the contract 71-1.
Since this is only a one-year contract, primarily because of the medical insurance issue we will start the whole process again next fall. The difference next time will be the experience both the leadership and membership now has behind us. As trials often do, our local is smarter, stronger and more united because of these past few months.
One last caveat: The outcome of these negotiations, argumentably the best contract that has been obtained from management, must be equally credited to both the union and employer. We don’t know the exact substance of the behind the scenes discussions between the company and the city, but we know they took place from both the budgetary and legal perspective. Admittedly more money was on the table than ever before, partially to meet the medical insurance dilemma, but also there is a commitment from the city to make transit a priority in years to come. To those that worked from the company and city to better our wage and benefit package – the union says, "Thanks".
"…AND BY THEIR FRUIT, YOU WILL KNOW THEM."
By Gene Fletchall, ATU 19 Steward
Your having read my comments right along in the Newsletter during this negotiation process, it would seem certainly only more than fitting that I offered commentary once again at the conclusion thereof.
As I walked into the driver’s room here a few weeks ago, one of our fellow drivers stopped me and said, "Hey, don’t write me any letters." I gave him a wan smile, and asked, "What?" He said, "Don’t write me any letters. You’re too mean!" At first I had no concept of that which he spoke, but then as the realization began to dawn across my mind, I simply smiled and said "oh," and continued on into the room. He had a smile on his face all during that interchange, so I surmised that he was joshing me, but the thought came to me, "what if he wasn’t?" What if he were serious? Of the great many comments that have been made to me concerning my articles these last few months, his would be the only one that could even be construed as negative, if indeed he weren’t joking with me. However, it did give me pause to think. A mean spirited man is of all men, most miserable. I hope that I’m not such a man. Rather, I have written my articles that you might be aware that, "no, you’re not the only one who has noticed that Management speaks with forked tongues, as yes, your Union leadership is well aware of it, and once again, no, they’re not about to let them "get by" with it. A feeling of isolation can be a very cruel thing, so my aim in all this, has been to see to it that you were aware that you did not walk alone. Your Union leadership precedes you.
"To everything, turn, turn,
There is a season, turn, turn,
And a time for every purpose, under heaven….."
(From Turn, Turn, by The Birds. That song went to #1 on the Top 40 charts, on October 21, 1965. Special thanks to Lee Roberts, of KDZA Radio, for his help.)
Many of you will also recognize those words as part of a passage from Holy Writ, Ecclesiastes, the 3rd chapter. The 8th verse continues those thoughts, wherein says, "A time to love, and a time to hate; a time of war, and a time of peace." As is always the case, wisdom never grows obsolete, and that passage is still relevant to us today.
Our contract for this year has now been settled, and as you are aware, our Negotiating Team has out-done themselves. As our chests swell with pride for the job that was done, and rightly so, we offer our humble thanks to those who stood in our stead. We have every reason to be proud. The battle was long and exceedingly hard, and at times, our team’s spirits were most frustrated, but in the end, we emerged triumphant. As I write this, I know that much other will be written on the negotiations, and appear in the newsletter, so let me encourage you to read them, all of them, and allow me to comment then, as follows:
There is a time and a season for everything. When the time came to stand united and fight, we did that, and we won. May I say that I have never been more proud to be a part of you all, than I have been during these times. You "did yourselves proud." You placed your faith in your elected Union leadership, and you never wavered. At times you may have wondered what was going on, and you may not have understood what you knew about it, however you withheld fearful comment, and closed ranks behind your
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team. (With only a few exceptions!) And why not? Our Negotiating Team has truly begun to "hit its stride," and hold its ground. The sheer enormity of the preparations that Dan and the rest of the team put into this, months before the negotiations even began, can only boggle the mind. You, the membership were surveyed. I myself was. The results were carefully tabulated, and therefore, as our team negotiated, they did so with the sure knowledge of what you expected, and with what priorities. Never let it be said in your presence, that our leadership operates from its own agenda. Make no mistake about it, they represent you, and have only your best interests at heart. The fact of the matter is, "not" understanding this fact, is very likely the biggest mistake that management made in all this, and Dan Francis may well be the most under-estimated man in this company. Doubtless, management will not again make the same mistake.
Another season is now upon us, and it’s time to move on. But as we move forward, let’s take to heart the words so capably spoken by Dan in our March 11 Union meeting, when he said, "What is perhaps just as important, or maybe even a little more important than what we got….is what we learned from these negotiations." So….what have we, the embodiment of the Union learned from all this?
- We’ve learned that our strength is in our Unity. Thank God that our fore fathers saw the wisdom in banding, and standing together and thus created ATU Local 19. We owe them an enormous debt of gratitude, and hold fast this tradition. All one has to do when wondering what would have happened to us, did we not exist as a Union, is to take another look at the company’s first round proposals. Don’t kid yourselves, the mere fact that we exist as a Union, is in, and of itself a deterrent to those who would place their hands in your pockets. What would have happened to us, without the Union’s involvement? Take another look at the article so masterfully written in the Newsletter last, by Phil Guinta, and you’ll have no doubt. This would have been our portion.
- We’ve learned who our friends, truly are. As we’ve closed ranks around our Union leadership, we’ve found of a certainty, that they, and our other Union brothers and sisters, are our true friends. This has granted us a cohesion that will stretch, but can not be broken. As Mr. "T" used to say, "I pity the man!" who would seek to befoul our Union.
- We’ve learned that each of us is valuable, and offer diverse contributions to the body that is the Union. There are
This new contract is now only for 1 year, and then we’re back at it. If we can remember what we’ve learned, we’ll do well next year also. If not? Well, let’s just hope that this doesn’t happen. Let’s hope that we all remember, because trust me, the Company is betting that we’ll forget!
Perhaps I now can take a short hiatus from my writing, and you can probably use a break from me as well! Congratulations once again to you all, and to the Negotiating Team, for a job well done.
God Bless!
By Gene Fletchall, ATU 19 Steward
Recently, one of our Union Stewards was asked to grieve a situation for some members who felt that they had been wronged by the Company, which he did to the best of his ability. Some very interesting facts came to light however, during the process, and because of these, the grievance was denied, and well it should have been. This was certainly one time, when the Company wasn’t wrong. It would seem that those members involved had not been altogether honest with our Steward, in that they failed to tell him everything he needed to know. The cumulative effect of all this was that our Steward was humiliated, to say the least. He felt so small; he could have sat on a newspaper and swung both legs, as he walked out of Larry’s office. However, the egg on his face was not even the half of the problems it caused, for it made us all, the Union, look as if it were in disarray. To further add insult to injury, this came at a time, when we were in negotiations with the Company on our contract. If ever there was a time when we didn’t need this kind of shenanigans, this was it. Frankly, it should be a fore gone conclusion that there is never a time for such ‘goins on, and certainly not at such a critical time as was this.
Drawing on the Military back ground of so many of our members; my Father used to tell me of the old, Ass Kicking Army of a bye gone day. Some one did you wrong, be it Officer, (the Company,) or fellow dog face, (the Union), you simply invited them out
behind the barracks, took off your shirt with your stripes on it, and cleaned their plough for them, if you were able. Fortunately, very often Right makes Might, and you were able to get the job done. Oddly enough, the end result of such encounters, quite often left the two men the very best of friends. The individual, who had wronged you, now had a new-found respect for you, and from that day hence, enjoyed the clear understanding that you weren’t going to break that kind of behavior. Unfortunately, as many would want to say, (and this writer would probably be one of them,) those days are long gone. Now-a-days, we’re stuck with the "civility" of due process, and other such tom-foolery, and have to remain within those perimeters. "We’re civilized now, and better educated, (some would say,) so let us conduct ourselves in such a manner," no matter how laborious or Mickey Mouse that process might be. And…..who’s to say?? Perhaps they’re right. I’ll leave you to draw your own conclusions
But what of the subject at hand? This incident so infuriated, and yes, saddened me that I called for the matter to be placed on the March meeting’s agenda. This is strictly, mind you, my opinion, but it is evident to me, that these men figured "hey, what have we got to lose? Let’s run it up the old flag pole, and see if it will fly. If it will, great, it’s money in our pockets. If not?? We haven’t lost anything." No thought what so ever was given to our
Steward, the time and effort that was put into it, or to you, the Union, and how it would make you look to the Company. These thought only to serve themselves, at your expense.
A number of years ago, Aretha Franklin put out a song entitled R-E-S-P-E-C-T, which was a run-away hit. Some of you may be old enough to remember that. And others of you, somewhat younger still, will remember when the Blues Brothers featured a bit in one of their movies, with her doing that song. Perhaps you, as did I, were so taken with the rhythms of the music, and one of the most magnificent voices of our time, that you scarce paid much attention to the words. But some of them went something like this: "R-E-S-P-E-C-T, find out what it means to me…., all I need from you is a little RESPECT. Profound!! Sincerely profound. True, she was singing about a totally different situation, but that negates not the thought. All any of us really need from the other, is RESPECT. Friendship would be great, if we’re so a mind, loving and caring for the other, even better, but I’m sure that all of us would settle for "just a little respect." If the above mentioned men had had a little respect for our Steward, his time and energy, and for you, the corporate body that is our Union, this matter would never have been grieved in the first place. Our Steward would have put a stop to it, were it ever started.
As we move forward, let us learn from Aretha. Let’s have a little respect one for the other. When it’s time to vote the runs, let’s vote. Let’s give our management team the time to do its thing, and keep in mind those below us in seniority, and their feelings. Let’s not serve only our own base interests, to the exclusion of our brothers and sisters, merely because we can. And why not observe the protocols at pull outs?? Bathroom breaks are essential, and yes, who would begrudge us a couple of minutes to visit one with other? God knows that we scarce have time for fellowship in the course of our work. But at the same time, let’s keep others in our hearts and minds, and do our best to get them "out" in a timely fashion. The driver behind you, may be experiencing a very busy day, and needs to get going. And when we ask for the time and energies of a Union Steward to grieve an issue, above all, we need to be honest with that Steward. Let’s not tie their hands by with holding vital information that he or she will need to do the job effectively for us. Why not give them the respect that we all deserve?? As we do that, we lend to the other dignity, and our Company has to respect that, and will.
HIGHLIGHTS OF 2003 LABOR AGREEMENT
By Dan Francis, ATU 19 President
"Show Me the Money", is the bottom line for many members. For most the priority to the Contract is wages, medical benefits, pension and time off. It would be easier if there were a win-win solution to every issue, but that is not the reality. Negotiations are give and take; in some sense a little "horse trading" takes place. For example we want to raise the sick leave cap for those that don’t abuse sick leave, the company wants to stop abuse with sick leave occurrence. The compromise was the sick leave cap was raised by 4 days, (not a overly significant amount) and the union agreed to verification in writing of an illness after the 3rd occurrence in six (6) months (not an unreasonable request, and it doesn’t hurt those with chronic illness, just requires verification of it).
This contract was the first time in seven years that issues besides wages were negotiated. There were some additions to the labor agreement that were appropriate, because they were in fact the practice either by policy, addendum or memorandum of understanding. The following, though not exhaustive, are the highlighted changes found in the 2003 Labor Agreement.
 | Operators, Information Clerks, Building Maintenance, Terminal Maintenance, Top Tier Utility and Transit Surveyors received a 3.3% wage increase, retroactive to the first pay period of January. |
| Mechanics received a 4% wage increase retroactive to the first pay period in January and another 2% wage increase effective the first pay period in July. |
| Lower Tier Utility received the cents per hour (.49) increase based on the top operator wage increase, retroactive to the first pay period in January. |
| $1.00 per hour for training operators (from .50) |
| Time and one half for hours worked over 8 hours or 10 hours, (depending on 5 or 4 day work week), including new equipment training time and safety meeting time. |
| Requirement to attend eight (8) of 12 safety/training meetings to held per year. Requirement will be 6 for 2003 (Discipline for failing this requirement will be announced shortly) |
| The current CIGNA medical plan continues with the 88% employer 12% employee premium split. |
| The AETNA dental plan is the only dental plan now available |
| The FMLA benefit of allowing employees on FMLA leave to draw from their accrued sick leave, vacation, personal holiday benefit. |
| The Sick Leave Cap of 62 days is increased to 66 days. |
| Employees reporting off sick, after their third occurrence in a six-month period, will be required to present written evidence verifying the illness. (Discipline for failing this requirement will be announced shortly) |
| The no-show occurrences subjecting operators and information clerks to termination was decreased from 8 to 7. (The earliest no-show was taken away so no ones job would be anymore jeopardy than prior to this change) |
| Inter-departmental transfers and transfers to management have a consistent 90 day demonstration on-the-job qualification period. |
| For employees hired after 1-1-03 the long term sick benefit package was reduced from 12 months to 6 months – (not including the additional 3 month benefit package if there is a chance the employee can return to work based on a physicians evaluation). Past 12 month language continues for all employees hired before 1-1-03. |
| Birthday pay will be for ten (10) hours for those scheduled on 10-hour shifts. |
| Operator uniform allowance increased to $275 for those with less than 2 years of service and $250 for those with more than 2 years of service. |
| Maintenance boot allowance increased to $75. |
| Duration of Labor Agreement is 1 year. |
Soon copies of the signed Labor Agreement will be distributed to the membership. Please review and be familiar with its contents as well as your own personal employment record to ensure you are enjoying the full benefit of your union membership.
NEW FINANCIAL SOFTWARE
David Fitzgerald, ATU 19 Sec/Tres
Daylight Savings Time Begins
April 6th, 2003
Set your clocks FORWARD one hour
ATU Local 19
P.O. Box 2683
Colorado Springs, CO 80901
Forwarding Address Requested