In How Unions Work we look at basic questions, such as What Union Do I Join. In Minority Unionism you'll find an explanation of an increasingly popular alternative to conventional organizing drives. Union Elections is a rundown of the union organizing process as it has worked previously at Borders. In Common Questions, the answers to your FAQ's about unions can be found, while Your Rights provides a basic list of your legal rights during an organizing campaign. What is the NLRB explains the role of the federal agency that oversees union elections and adjudicates unfair labor practices.
In How to Organize you can learn about the Basic Process of starting an organizing campaign. Effective Campaigns offers some hints on good techniques, while Tips for Newbies is advice for first-timers. Approaching Co-Workers is a brief "how to win friends and influence people" guide, and Lies the Boss Will Tell is an informative look at the deceptive practices of management.
Borders Union History offers a look at an overview of the Borders campaign. Union Busting is a compendium of some rather unpleasant management activities that Borders workers have fought against in various campaigns. The Ann Arbor Contract and MPLS Contract Proposal are also available.
Essays is a selection of documents written by Borders workers in support of the union drive, including Why a Union?, Where's the Money?, A Tale of Two Markets, The Pink Collar, and Notes from the E-Bar. If you have something to contribute, send it along.
Deep Links features links to other sites for more in-depth information about organizing, the future of unions, and union processes.
Confused about what exactly a union is? You're not the only one - the confusion is widespread within the labor movement itself. The past several decades have seen a large downturn in union membership due to structural changes in the economy. Lately, unions have been busy trying to redefine and remake themselves by challenging conventional views about organizing methods, leadership accountability, and democracy. The old ways just aren't working anymore and the present period is one of experimentation.
So here in the How Unions Work section you'll find some new ideas about ways to organize, along with helpful information about legal processes behind union organization.
Here at BordersUnion.org, we're really excited about the potential of minority unionism, so make sure you give that info a look.
At the moment, there is no single union that is organizing at Borders, or a single union that is dedicated to organizing booksellers in general. Previously, the IWW, the UFCW and the Teamsters have all been approached by employees. Five stores have succeeded in negotiating union contracts, all represented by various local unions affiliated with the United Food and Commercial Workers. Two stores are currently under contract.
Traditionally, workers who organize go through an NLRB (National Labor Relations Board) election campaign to determine whether they want a union to represent them. However, even if employees of a store approve the union, it is very difficult to negotiate a contract that makes significant gains, especially if only one store is involved.
A solution might involve the creation of a single union for booksellers, a union whose membership was open to everybody who wanted to join, regardless of whether the majority of employees in their store had voted for a union. A "minority union" of this type would be a great way to build national support and work towards industry-wide union representation.
Even if only 25% or less of the employees of a store favor unionization, that 25% still have a basic legal right under the National Labor Relations Act to engage in concerted activities for mutual aid and protection. This pretty much covers any activity that workers do together in order to maintain or improve their working conditions. It may even include an action by one single employee, if the purpose of that employee's action was to inspire the rest of the group to act, or even just to represent their common interest.
For example, if management fires a popular employee, that 25% could walk off the job to demand that employee's reinstatement and (theoretically) shouldn't be fired for their actions.
So What Do I Do?
Generally, if you go the NLRB election route, a union election won't take place unless 70% or more employees have signed union cards expressing interest (the law only requires 30%, but most unions want more). That has happened thirteen times at Borders, and six stores have voted the union in. Of those, five negotiated a contract. At this time two stores are under contract.
The course you should take is up to you and your fellow workers. If you feel that you have strong support in the store and that you should approach a traditional union for an election campaign, that is your decision to make. Even if you don't have majority support, you may want to approach local labor organizations for advice and legal support.
However, there is another path. Some people involved in the ongoing union campaign at Borders are proponents of minority unionism and forming a national organization specifically for booksellers.
A minority union would centralize contact information. A national coordinator could track the interest in unionizing store-by-store across the country. Information about the industry and legalities could be centrally gathered.
One responsibility of the minority union would be to put together a strike fund and the goal should be to make every striking bookstore employee 'whole'. That is, workers on strike should ideally see strike pay match their weekly wages. That's a lofty goal if we're talking about a hundred-store strike, but it's an important one.
The minority union would also offer alternative health plans, education benefits, insurance, banking, and legal resources.
Most importantly, the Minority Union would be a resource to store organizers. Single stores would, of course, have the right to go it alone. In some sense, the minority union would have the relationship to store organizers that bookstore employees have to their customers. Ideally, it would be there to serve the members as a resource, although there will be times when the minority union will have to make choices about allocating resources, and in time, if the national movement was stong enough, to become a majority union and undertake the negotiation of contracts that will result in significant gains. What do you think of this strategy?
Labor Management Relations Act (Taft-Hartley Act) - 1947
Section 7
'Employees shall have the right to self-organization, to form, join, or assist labor organizations to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment�'
This means that you have the legally-protected right to form a union, sign a union authorization card, attend union meetings and other gatherings, speak to union representatives, etc.
It is a violation of federal law for any employer to threaten, harass, or in any way punish an employee for union activity. Employers are also not allowed to offer raises, extra benefits or special concessions in order to discourage workers from unionizing. Employers aren't even allowed to ask employees if they support the union or about union meetings and other activities.
This is not to say that managemnt won't engage in these tactics, however. More than likely, they will violate the law or stretch it to the limits to keep workers from unionizing. The best safeguard against this is for everyone to stick together and think of their common self-interest.
Being a part of an organizing drive, or being supportive of one, is completely legal.
BUT MORE IMPORTANTLY, YOU SHOULD FEEL GOOD TO BE A PART OF IT � BECAUSE YOU WILL BE SUPPORTING AN EFFORT TO MAKE OUR LIVES BETTER.
What Management CAN do
Unfortunately, it is legal for your employer, team leader, or supervisor to use your time at work to force feed you the (dis)information they use to fight the organizing effort. Below is a list of things that management is legally allowed to do.
All of these acts are permitted. However, you are not required to engage them in a discussion about unions, or about any of the information they present you with. You don't have to tell them your real feelings about anything.
What Management CANNOT do
It is against the law for your employer, Team Leader, or supervisor to interfere with, restrain or coerce workers seeking to organize or join a union. Below is a list of violations of the National Labor Relations Act.
This does not, of course, mean that management, or whatever union busters they hire, will not try any or all of these tactics. However, if they do, they are breaking the law, and can be charged by the NLRB. If you witness any of these tactics, let us know or talk to your organizing committee immediately!
In 'The Basic Process '' we discuss several different methods of organizing, but, in previous campaigns at Borders, workers who wanted to unionize went through an 'election campaign.' Because of weakened labor laws over the past few decades, however, winning an election is not easy. A billion-dollar industry exists in which high-paid consultants and attorneys - union-busters - convince companies that having unionized workers is the worst possible thing that could happen. So companies, in turn, try their hardest to convince their workers not to unionize. Even if you win an election at your store, you still may not have the leverage to negotiate a decent first contract.
In the organizing section of this site we're stressing alternative strategies, but what follows is a description of the conventional union election process.
Education is probably the single most important thing workers can do when they want to form a union with their co-workers. As the term suggests, it means educating yourself and your co-workers against the misleading and false information that will be presented during a union election campaign. It means learning about what happens during union drives, and anticipating what your employer will say and do to discourage you from supporting a union effort.
Step 1 - Showing Interest: The National Labor Relations Board (NLRB - the arm of the federal government that oversees labor law) requires that a minimum of 30 percent of the employees at a given workplace sign cards authorizing the union to conduct an election. Many unions require signed union cards from a majority of workers before they file a petition for an election.
Step 2 - Election Petition Filed: The local union organization presents the cards to the NLRB. Management never sees the authorization cards, and the NLRB won't even tell them how many employees filled them out.
Step 3 - Election Date Set: The local union organization, your employer, and the NLRB meet to set an election date.
Step 4 - NLRB Election: Employees vote in a secret ballot election, which determines whether or not workers want to be represented by the local union organization at the bargaining table. It is important to remember that without union representation, there is no bargaining table - your employer has all the power.
Step 5 - Preparation for Negotiations: After the election is certified by the NLRB (which typically takes about 10 days, if the employer doesn't file any objections to the election), workers meet to decide what the priorities will be for the first contract. Workers also nominate themselves to be on the negotiating committee.
Negotiating committee members are workers who want to actively participate in the negotiations process. They, along with local union representatives, meet with your employer to negotiate a contract; they educate themselves and their co-workers about unionizing and the negotiations process; and they try to build support for their union.
Step 6 - Negotiations: The workers' negotiating committee, union representatives, and Target representatives begin a series of meetings to develop a contract.
Step 7 - Ratification: All workers will have the opportunity to carefully go through the proposed contract and ask questions. Workers will then vote by secret ballot on the contract. If a majority of workers vote 'yes,' the contract goes into effect. If a majority of workers vote 'no,' it goes back to the negotiating table.
Remember: Nothing will change until a contract has been negotiated and ratified by the workers. No one pays dues until after a contract has been ratified.
Q: Suppose that you had a group of about 25% of retail workers in a store (i.e., enough to make an impact on things, but not enough, perhaps, to get the NLRB election process going). Suppose as well, though, that you had similar sized groups in a number of stores, spread out throughout a retail chain. You don't really have a majority in any one store, but you may have a large minority in a lot of them. Could you still act as a union? How?
A: This concept is commonly referred to as 'minority,' 'solidarity' or 'Open Source' unionism. The idea actually has quite a long history. It's also one that people have been talking about a lot again, lately. Minority unionism could be a solution to some of the problems unions have been having with organizing unions under the time-consuming and management-friendly NLRB processes. Minority unionism is, however, legally tricky, at least when it comes to actually negotiating a contract.
The law
When a union represents the majority of workers in a bargaining unit, management has a 'duty to bargain in good faith' with that union. How that union proves majority support, however, is itself open to negotiation. For example, the company and the union can agree to a card-check process where the union collects authorization cards and presents them to management, and when the union presents enough cards to show that 50% +1 members of the bargaining unit support it, then the company and the union sit down to negotiate a contract. Such a process, however, requires a company that is either exceptionally enlightened, or sufficiently cowed by the union's power that it would just be a waste of its time and money to bother putting up a fight over recognition.
If the company decides to put up a fight, though, and the union decides that it wants the government to force recognition on the company, then the route the parties have to go is generally to an NLRB election.
In between card-check and NLRB elections there are some other options, such as having an independent third party like the American Arbitration Association or the League of Women Voters run an election, with different rules, and with each party agreeing to respect the results. But these options also must be negotiated between the union and management, and generally depend on the same mix of 'enlightenment' and 'coercion' that apply to the card-check.
The minority union issue comes up when, like in the example above, perhaps only 25% of workers want a union. Here, not only does management have no duty to negotiate, it would actually be illegal for them to sign a collective agreement with such a group.
On the other hand, that 25% still do have a basic legal right under the National Labor Relations Act 'to engage in concerted activities for mutual aid and protection.' This pretty much covers any activity that workers do together in order to maintain or improve their working conditions. It may even include an action by one single employee, if the purpose of that employee's action was to inspire the rest of the group to act, or even just to represent their common interest.
For example, if management fires a popular employee, that 25% could walk off the job to demand that employee's reinstatement and (theoretically) shouldn't be fired for their actions.
The practical reality
The above outlines some of the legal issues. Practically, however, this whole thing is a power game. The labor laws are weakly enforced. Even with an NLRB-certified majority union, the 'Duty to Bargain in Good Faith' doesn't mean a heck of a lot, as Ann Arbor and Minneapolis have found out. All that management had to do in order to fulfil their duty was show up at a few meetings, and not that many meetings at that.
As for when you don't have a majority union, but rather about 25% - While the 25% are ostensibly protected, management can usually get around the law to get rid of them if it really wants to. At the very least, if management fires them illegally, it will take so long for them to get their jobs back through the legal processes that most of them probably won't want the job anymore, anyway.
What will prevent management from acting this way is if that 25% can make it sufficiently more painful to fire them than it is for management to compromise with them. If that 25% has that leverage, even though they can't legally negotiate a collective agreement, they can still de facto achieve many of the same results. Further, a powerful 25% like that could also convince management to agree to some kind of card-check recognition arrangement. And if they can do so, so that management gives up many of it's legal delay and pressure tactics against unionization, then it is a lot easier to get to that 50% +1 and then negotiate a full contract after that.
So then the question is how do you organize that 'powerful' One-in-Four?
Further reading at The Nation magazine.
What follows below are common questions often asked about unions. Most of them deal with the standard situation of contractually represented workplaces, rather than alternatives like Minority Unionism.
What does a union do?
A union gives you the power to make your employer pay a fair wage, provide a decent place to work and a voice in the decisions that affect you. It's the organization that represents and defends workers from unfair treatment by the boss , but just as important, it mobilizes all of us to make America a better place for working people.
What is a Grievance
The grievance procedure is a procedure spelled out in the contract that explains how any conflicts between employees and management is to be resolved. Basically it works as follows: Let's say you've been written up for something and you feel it isn't fair. You talk with your managers but they refuse to do anything about it. You then go to your shop steward (see below) to get help. The steward sits down with you and management and tries to resolve the issue. If it can't be resolved at this meeting, a business agent for the union (see below) will come to the store to talk with management. If they still cannot resolve the problem to everyone's satisfaction, the business agent will appeal to upper management. If this step fails, both parties will bring in a neutral arbitrator who will issue a final decision.
What's a shop steward and a business agent?
A shop steward is simply a coworker that is elected by you to make sure that the contract isn't violated. In addition, s/he is the person to contact when an employee has a problem with management and wants union help. A business agent is an official of the union that handles any problems the shop steward cannot.
What besides the grievance procedure goes into a contract?
See the Minneapolis Contract Proposal
Who negotiates the contract?
The company and the union put teams together. The company's team is usually comprised of lawyers, local management and upper management officials. The union team usually consists of bargaining unit (see below) employees, lawyers, and union negotiators.
What kind of say do I get in the contract?
Before contract talks, the union passes out a form on which you list those things you'd like to see in a contract. The union uses this to base the negotiation on. Furthermore, you could be on the negotiating team, but at the very least you get to vote on the contract. If a majority doesn't approve of the contract, the negotiating team has to go back to the drawing board.
How long do contracts last?
Most contracts are at least two years.
What's this 'bargaining unit' thing I've heard about?
The bargaining unit defines which employees are eligible to vote for and be in the union. Excluded by federal law are managers and security guards.
Hey, if I sign a union card, does that mean I have to vote yes in the election? What if I change my mind?
You can vote any way you like in the election whether or not you signed a card. It's secret ballot so no one, neither management nor anyone else, will ever know how you voted. If you do sign a card but later change your mind and want the card back, you can do so by asking for it back in writing.
What are union dues? What are they used for?
Union dues are the money you pay to the union to help pay for union support staff, legal costs, negotiation costs, arbitrator's fees, etc. Dues can range anywhere from $200-$500 a year depending on industry, the union, and the amount of money the union members make.
Geez, isn't that a lot of money?
Yes, but these facts help: you don't pay a cent to the union until a contract is ratified by the employees. So if wage and/or benefits gains in the contract don't more than make up for your dues, simply turn the contract down.
What's a 'union shop'?
This means that all employees in the bargaining unit (see above) must be part of the union. It's a standard part of most contracts. It enables the union to bargain from a stronger position, which benefits all employees.
Even if they voted against the union? That's not very fair.
Well, for better of worse, it's how democracy in our country works. What the majority votes for, the minority has to live with. Is it unfair that Dole supporters have to live with Clinton as president? And remember, even those who opposed the union receive any increases in wages and/or benefits.
I've heard about union fines. What can I be fined for?
In theory, you can be fined for crossing picket lines, not doing a picketing shift during a strike, and such. But the Philly local (they only one I'm familiar with) of the UFCW has NEVER fined a member. Ever.
What's a 'local'?
A union is set up kind of like the United States. There is a national government, but many of the decisions that really affect you are on the state level. This is even more true of a union. There is an international union that oversees national operations. But the local takes care of the contract, helps employees that want help with managerial problems, etc.
Will I not be able to talk to my manager anymore?
Even if unions wanted to stop you from talking to managers about problems (and why on earth would they?) federal law mandates that you have the right to go to a manager with a problem without union representation.
Will my company go bankrupt?
Unions do not ask for more in a contract than a company can afford. They know that the worst possible disservice that a union could do to its membership is to drive the company they work for out of business. In fact, during hard financial times, most unions will do everything in their power to help companies stay in business. The most famous example of this is the Chrysler bailout in the 80's - pressure from both Chrysler and the UAW led the federal government to give Chrysler the loans that saved the company. Also, concessions during this time by the union enabled Chrysler to turn the corner and become one of the most profitable companies in the world today.
Isn't the union just another boss?
Actually, management reserves all 'boss' functions (management's rights) in a contract. So you won't have to check with 'the union' to go on vacation, justify being late, or any hiring or firing situations. What the union does do in these situations is to advocate for you if you feel that management's decisions are unfair. For example, if you aren't given a vacation you deserve, the union will do what it can to rectify the situation working with management. (The process by which they do this, known as the grievance procedure, is spelled out in the contract.)
What Is the NLRB?
The National Labor Relations Board is an independent federal agency created by Congress in 1935 to administer the National Labor Relations Act, the primary law governing relations between unions and employers in the private sector. The statute guarantees the right of employees to organize and to bargain collectively with their employers or to refrain from all such activity. Generally applying to all employers involved in interstate commerce--other than airlines, railroads, agriculture, and government--the Act implements the national labor policy of assuring free choice and encouraging collective bargaining as a means of maintaining industrial peace. Through the years, Congress has amended the Act and the Board and courts have developed a body of law drawn from the statute.
What Does the NLRB Do?
In its statutory assignment, the NLRB has two principal functions: (1) to determine, through [secret-ballot elections,] the free democratic choice by employees whether they wish to be represented by a union in dealing with their employers and if so, by which union; and (2) to prevent and remedy unlawful acts, called [unfair labor practices,] by either employers or unions. The agency does not act on its own motion in either function. It processes only those charges of unfair labor practices and petitions for employee elections that are filed with the NLRB in one of its 51 Regional, Subregional, or Resident Offices.
What Is the NLRB's Structure?
The agency has two major, separate components.
The Board itself has five Members and primarily acts as a quasi-judicial body in deciding cases on the basis of formal records in administrative proceedings. Board Members are appointed by the President to 5-year terms, with Senate consent, the term of one Member expiring each year. The current Members of the Board are Chairman Robert J. Battista, Wilma B. Liebman, Peter C. Schaumber, and Dennis P. Walsh.
The General Counsel, appointed by the President to a 4-year term with Senate consent, is independent from the Board and is responsible for the investigation and prosecution of unfair labor practice cases and for the general supervision of the NLRB field offices in the processing of cases. The current General Counsel is Arthur F. Rosenfeld. Each Regional Office is headed by a Regional Director who is responsible for making the initial determination in cases arising within the geographical area served by the region.
How Are Unfair Labor Practice Cases Processed?
When an unfair labor practice (ULP) charge is filed, the appropriate field office conducts an investigation to determine whether there is reasonable cause to believe the Act has been violated. If the Regional Director determines that the charge lacks merit, it will be dismissed unless the charging party decides to withdraw the charge. A dismissal may be appealed to the General Counsel's office in Washington, D.C.
If the Regional Director finds reasonable cause to believe a violation of the law has been committed, the region seeks a voluntary settlement to remedy the alleged violations. If these settlement efforts fail, a formal complaint is issued and the case goes to hearing before an NLRB Administrative Law Judge. The judge issues a written decision that may be appealed to the five-Member Board in Washington for a final agency determination. The Board's decision is subject to review in a U.S. Court of Appeals. Depending upon the nature of the case, the General Counsel's goal is to complete investigations and, where further proceedings are warranted, issue complaints if settlement is not reached within 7 to 15 weeks from the filing of the charge. Of the total ULP charges filed each year [about 30,000], approximately one-third are found to have merit of which over 90% are settled.
How Are Representation Cases Processed?
See the Procedures Guide
What Authority Does NLRB Have to Secure Injunctive Relief from a Court?
Section 10(j) of the National Labor Relations Act empowers the NLRB to petition a federal district court for an injunction to temporarily prevent unfair labor practices by employers or unions and to restore the status quo, pending the full review of the case by the Board. In enacting this provision, Congress was concerned that delays inherent in the administrative processing of unfair labor practice charges, in certain instances, would frustrate the Act's remedial objectives. In determining whether the use of Section 10(j) is appropriate in a particular case, the principal question is whether injunctive relief is necessary to preserve the Board's ability to effectively remedy the unfair labor practice alleged, and whether the alleged violator would otherwise reap the benefits of its violation.
Under NLRB procedures, after deciding to issue an unfair labor practice complaint, the General Counsel may request authorization from the Board to seek injunctive relief. The Board votes on the General Counsel's request and, if a majority votes to authorize injunctive proceedings, the General Counsel, through his Regional staff, files the case with an appropriate Federal district court.
In addition, Section 10(l) of the Act requires the Board to seek a temporary federal court injunction against certain forms of union misconduct, principally involving 'secondary boycotts' and 'recognitional picketing.' Finally, under Section 10(e), the Board may ask a federal court of appeals to enjoin conduct that the Board has found to be unlawful.
Further information -- See Publications or contact Division of Information at 202/273-1991 [FAX 202/273-1789].
The How to Organize section contains general information on organizing practices. There is no one 'right way' to organize and all techniques must be adapted to your unique situation. More information from places beyond bordersunion.org can be found in the Deep Links section
We are transitioning to an emphasis on alternatives to the NLRB Election process, so there will be more changes.
This information is adapted from the organizing section of the Industrial Workers of the World Web site
Leadership commitment.
It first takes a commitment on the part of the leadership, a vision of what the union can and should be. Making organizing a priority requires hard choices; it means giving up other things to devote the necessary time and resources to organizing. Real leaders come from the rank and file; they are not selected by the union bureaucracy. People are not born with leadership skills; leadership skills are learned. Every worker is potentially an organizer.
Planning.
Construct a plan. Analyze the resources of the local union both financial and membership-and make some decisions on the following issues:
Organizing Committees must be made up primarily of (but needn't be limited to) workers from the shop(s) you seek to organize. Cliques--often based either on type of work performed or on ethnic, gender, cultural, or language backgrounds--are a common occurance in most workplaces, and employers often take advantage of differences between them. Therefore, your organizing committee must consist of workers from every such group (or at least as many as possible) or your campaign's chances of success will be minimal. You must recruit and train volunteers among your coworkers, and leadership responsibilities must be spread as evenly as possible.
Your Organizing Committee should do the following:
Volunteer or member organizers play a critical role in organizing. They can contribute to the success of your local union's organizing program in many ways, including:
Union members make the best organizers, the most credible teachers of non-union workers. Union members know from experience and in their hearts what a union is all about.
Actively seek leads - The local union should have an ongoing active program of meeting and talking with non-union workers. Use the media and public events to raise awareness of the need for organizing in the community. When an organizing victory or collective bargaining agreement is reached, use this as an opportunity to inform people about the union. At community events, state fairs, etc., raise the issue of organizing. Invite the public to attend union educational programs or social events.
Link up with community groups - Form alliances with other labor unions as well as community, civil rights, women's, senior, church, and other groups. Use these contacts to find organizing leads, as well as to gain support for organizing efforts.
Give recognition for organizing efforts - Use union meetings, newsletters, bulletin boards, to recognize the efforts of Organizing Committees. Have special dinners or banquets to demonstrate appreciation for those who have devoted time to organizing.
A successful local union organizing program requires a serious commitment of time and resources. It requires training and an understanding of successful organizing strategies and tactics. And most of all it requires a local union to create a "culture of organizing," a spirit of dedication to the mission of carrying on the torch passed to this generation by previous generations of unionists.
Build an Organizing Committee
Form a small committee of employees dedicated to the idea of unionizing, but keep things quiet. Committee members must be prepared to work hard to educate themselves and their co-workers about the union and to warn and educate co-workers about the impending management anti-union campaign. Borders will most likely engage in a well-organized, well-funded anti-union campaign. The organizing committee must be educated about workers' right to organize and must understand union policies and principles of democracy and rank-and-file control.
Also at this step basic information about the workplace must be gathered including:
Determine Your Issues
The committee develops a program of union demands (the improvements you are are organizing to achieve) and a strategy for the union recognition campaign. A plan for highlighting the issues program in the workplace is carried out through various organizing campaign activities.
Choose an Organizing Strategy
There several ways to get an employer to officially recognize a union and there are ways to build solidarity without ever getting formal recognition. Each has its advantages and disadvantages. So far every union campaign at Borders Books has chosen to use the sixth option, in which the National Labor Relations Board oversees an election.
Strategies that don't require a union:
Direct Action
You don't need to achieve legal recognition or even belong to an 'official' union to act as a union. You can also engage in direct actions such as slowdowns, work-to-rule (following store policies to the letter), sitdown strikes, selective strikes (striking just a few days a week) and sick-ins. Workers who organize via direct action do not have as much protection under the National Labor Relations Act as do workers using some of the other methods listed here. Even without that protection, however, direct action can often be one of the most powerful and effective ways to achieve your objectives.
You can also use direct action in conjunction with a union-based campaign, but you should be aware that you may be putting your job on the line.
Union Strategies that avoid NLRB Elections:
Minority Unions
Not all unions require majority membership or going through an election campaign. The IWW and IBM Alliance are two examples. This is called Minority, Solidarity or 'Open Source' Unionism. Historically, minority unionism has played a large role in the growth of unions. Federal laws that protect majority unions also apply to small groups that act as a union. Here's another article with some more information about that: Minority Unions . With a minority union, the goal is to build solidarity in individual workplaces, provide service and support to members, and perhaps eventual majority status although that is not the pre-eminent goal.
Card Check Recognition
In a card check, your organizing committee and/or a union representative informs your manager that a sizable majority (at least 50% plus one person, but ideally 60% or more) have signed union authorization cards obtained from the local union representative. In a successful card-check, Borders will voluntarily agree to recognize the union as the legal bargaining agent for your bargaining unit. One advantage of this strategy is that the bargaining unit is not determined by a National Labor Relations Board hearing. Borders official policy is to refuse card-checks; Card checks are usually done as the result of an agreement between the company and union to allow them them at all store locations.
Community Campaign
Although community involvement should be a feature of all styles of organizing, a community campaign in particular can be used as a method of avoiding NLRB elections. In this case, you would either organize with community groups to pressure your employer to accept a card-check, or a trusted community group would preside over a union vote that does not involve the NLRB. The company does not have to recognize the outcome of that vote, however. The community campaign is an essential part of legendary labor educator Harry Kelber 's "New Game Plan" for union organizing.
Strike for Recognition
A sizable majority (at least 50% plus one person, but ideally 60% or more) agrees to a short strike to force Borders to recognize the union. Workers who engage in a strike for recognition are protected by the NLRA. Supervisors at Borders may not be.
NLRB Election Process
Once 30% of the people in the bargaining unit sign union cards, you are entitled to submit them to the National Labor Relations Board, which views 30% as a sufficient number to warrant an election, that, if won, will certify the union in your workplace. Unofficially, you should get as many signatures as you possibly can. To win the election, you need a majority to vote 'yes' and it is not unusual for some individuals who signed cards to end up voting 'no.' A good rule-of-thumb is that if you can't get at least 60% of the people in the bargaining unit to sign cards, you won't win the election.
Once you have submitted the cards, the NLRB will contact the employer to schedule a hearing to determine the actual bargaining unit, and to schedule the election. At the hearing, the company will most likely try to exclude supervisors and any employee with access to personnel records. The union's lawyer will most likely handle things at this stage, so don't worry too much.
Once the bargaining unit is made final, the NLRB will schedule the date of the election. The election is secret ballot, overseen by an NLRB agent, with the ballot asking the question, 'Do you want the 'whatever union' to represent you in contract talks with 'whatever employer?'' or something similar. A 'yes' vote is for the union, a 'no' against. A simple majority wins.
If you win: congratulations! The company must enter into contract talks with the union regarding wages, benefits, and working conditions.
Finding a Union to Contact
You must decide what union you wish to approach, if any. (You do not need to affiliate with any union; workers who engage in concerted action are also protected by labor law). Talk to as many unions as you can, find out what they have to offer, how they organize, resources, etc. Don't be afraid to approach any union, regardless of their name: bookstores have been organized by the Longshoremen, office workers by the United Auto Workers. A good place to get phone numbers for unions is under 'labor organizations' in the yellow pages.
For NLRB Elections - Determine your bargaining unit - the Supervisor issue
Under the NLRB organizing process the bargaining unit consists of employees who are eligible for union representation. If you choose to have a secret ballot vote that is conducted by the National Labor Relations Board, managers and security guards are excluded from the bargaining unit.
If you are having a vote, it is up to the NLRB to determine whether supervisors can particpate in the union. The NLRB allowed supervisors in Ann Arbor and Minneapolis to be in the union, but excluded them in Gurnee, Marlton and Springfield. Why? Borders asked the NLRB to exclude them because Borders believed they were pro-union. A legal challenge to the exclusion by the union would have delayed the vote. Unfortunately, the local NLRB boards have not been consistent on the supervisor issue and each case is different
Basically, when you are going around seeing how much support you have in the beginning, you are organizing. Its not rocket science, but it is a science. Here are a few suggestions.
Don't assume a person saying no to their union is not ready to support one. They just don't know how their union can help them yet. Thats going to be your job.
Don't count on short conversations at work to tell you anything. For one, people are afraid to talk at work and may be instantly alarmed at the word. You need time and the sense of security to hear people's true feelings. Try to meet people one on one or in very small groups outside of work. Try lunch, breaks or some manufactured reason to get together, like offering someone a ride in bad weather or to meet to discuss something else not store related. Unless you are certain they are a friend or a sympathizer, don't ask someone to meet you to talk union. Most people greet that like a root canal. You are putting them on the spot with a strange topic that scares them. Do it gently, with empathy.
Wtih people you trust you can be relatively forthright to start. If they say they want no part of a union, ask them why. Then shut up and listen. Ask them what they like and don't like about the job. Shut up and listen. If you have a response to their fears or how a union can help them in that moment, try it. If not, shut up and listen and find out what they like and dislike about work, what they fear or dislike about unions. Make some notes for yourself so you can keep straight everyone's concerns to go back later. When prepared address their concerns and show them how their union can help them, IF IT CAN, of course.
Anyone you talk to pro or con, ask questions, shut up and listen. Don't try to 'sell union' or argue union or build a union outright just yet. Make 'I've heard about a union movement out there' and 'boy does this job suck I wonder what we can do about it' two separate parts of the conversations. At your best, a union in your store will be THEIR idea.
Start with trying to organize one or two other people, best case scenario the hardest working senior employees in the store, if you feel you can trust them, of course. Once you have someone else visiting here and in deeper conversations with you, you have someone else organizing with you.
Get your facts down pat so you can address immediately the fear of getting discovered or fired and any previous bad union experiences. If you don't have a good answer, let it go, think about it and come back with one. There usually is a set of reasons people don't think they want to start a union. Soon enough, you'll be able to address all those negative responses on the spot.
If someone is dead set anti-union don't give up on them, but don't push it either. Half agree with them, then get the hell out of that conversation to have it again later when you have more support.
If someone is pro-union or leaning that way, work to involve and invest them personally in the process. Ask them to help with specific tasks. Make certain they know their union needs them. Follow up with them to continue to gauge their support and address concerns they have as they come up.
If workers are generally happy with Binc or your management, remind them unionizing is not a punitive action against a bad employer. It is an empowering action towards having a stronger voice in dealing with ANY employer.
Once you have two or more people on board, start having regular meetings to discuss where you are at and where to go. Not bitch sessions, union meetings that work on building a unified voice, not beating up Borders. Be a pain about getting people to meetings, follow up on those that didn't show, make them fun (like a bowling thing or regular breakfast or a bar night) following an agenda.
Don' t the impression or allow the misconception that people cannot talk 'anti-union' to you! They shouldn't feel they will hurt your feelings, piss you off, lose your friendship, or alienate you.
A union must be maintained over time. It is maintained by LISTENING, not forcing opinions, a true sense of shared ownership and investment, by making certain every member feels heard, important and inside the loop. Remember you share the same goals, you may only disagree on how to get to them.
This page is from the Organizing section of the IWW web site.
What Your Employer Will Have Their Management Say About Unions:
What Employers Will Do:
What Your Employer Won't Tell You:
November 24, 2004
In November, 2004, two and a half years into an organizing campaign, employees of the Minneapolis Borders voted to approve a contract that they and UFCW 789 had been negotiating with Borders for nearly a year and a half. With the favorable vote, they joined the employees of the Ann Arbor store as the only two Borders stores currently under contract. Ann Arbor employees approved their first contract earlier in the year, after a two month strike.
Previously:
On November 8th, 2003, employees of Borders original store in Ann Arbor, MI, went out on strike.
On December 6, 2002, they had voted resoundingly, 51 to 4, to join United Food and Commercial Workers Union Local 876; on October 18, 2002, employees of the Minneapolis Borders also had voted to join another union, UFCW Local 789.
Although Borders likes to tell the press and unwary employees that it has been targeted by the AFL-CIO, the truth is that the Borders union campaign is an employee-driven, grassroots movement, facilitated in groundbreaking ways by the internet, in which employees have reached out to several different unions on their own initiative.
Thirteen Borders locations have had union votes, six have approved union representation, five have secured contracts, two stores are presently under contract. More than a dozen other stores have had serious union drives that never reached the voting stage, and dozens of others have had enough union activity to register on Borders union 'radar screen'.
Three stores that approved contracts (in 1997 and 1998) let them expire and those stores are no longer unionized. Enthusiasm for the union was countered by an aggressive anti-union campaign, a lack of wage gains in the contracts, 'open shop' agreements, and a great deal of employee turnover. However, in the wake of the restructuring, those older contracts look pretty good: if the Lincoln Park, Chicago, contract was in place today, that store would still have four lead clerks making a $1.00 premium, separate SPO, inventory, and periodical positions, all making premiums, there would still be set schedules, full-time hours could not be reduced to 35/week and book clerks couldn't be made to work in music or the cafe or vice-versa (that's what they wanted, other people may feel differently).
How it began:
In March 1996, after a long organizing campaign, employees of Borders store #21 in Philadelphia voted against union representation with the Industrial Workers of the World. #21 was the first store to organize, and that drive sparked a number of other drives around the country. Subsequent to the loss, the employee-organizers continued their work, seeking representation by the United Food and Commercial Workers union.
On June 15th, 1996, a bookseller at the Philadelphia store was fired for insubordination. The bookseller, Miriam Fried, was generally recognized as an excellent employee, was given good evaluations by management, and had never been disciplined or given any written or verbal warnings. This, combined with the fact that she was known to management as a union organizer, led to allegations that Ms. Fried was fired for her union activities.
Acting on this belief, branches of the Industrial Workers of the World (the IWW or the 'Wobblies') picketed Borders stores from coast to coast, urging a boycott until Ms. Fried was reinstated or until Borders acknowledged she was wrongly fired. Subsequent to her termination, Ms. Fried filed a complaint with the National Labor Relations Board. The NLRB ruled against her complaint, citing lack of evidence (the dispute that led to her firing was not witnessed by other employees). Although Borders did not retract Ms. Fried�s firing, the pickets by the IWW resulted in a new policy for employee separation at Borders, and provided an umbrella of protection for other Borders workers seeking to form a union. National attention was also drawn to the union drive.
Meanwhile, Borders, fearing further union activity, hired a notorious anti-labor law firm, Jackson, Lewis, Schnitzler & Krupman, to advise and conduct its anti-union campaign. Jackson, Lewis is the second most active 'union-busting' law firm in the country, according to the AFL-CIO.
Michael Moore, the producer of the film Roger and Me, host of TV-Nation, and author of the book Downsize This! , announced his support for a union during several book readings he gave at Borders. He donated profits from the sale of his book to the union effort, and made a film--The Big One --of the events that transpired on his book tour, including his meetings with Borders employees. It is currently available on videotape.
The UFCW conducted several union drives and contract negotiations at Borders stores across the country.
In the summer of 1996, a drive started at the Ann Arbor, Michigan, Borders--the original Borders store. The employees filed a petition with the NLRB for an election, but it was not held, after a reversal in employee support.
On Oct. 2, 1996, employees of the Lincoln Park, Chicago store approved the UFCW as their bargaining agent. Negotiations for a contract started on November 19, 1996. In October 1997, employees voted to approve the UFCW negotiated contract. Three years later, the employees allowed the contract to expire. The store is presently without a union.
During the last week of October 1996, the workers at the Borders warehouse in Harrisburg, Pennsylvania petitioned for a union election. The employees voted against union representation in December 1996. Employees filed for election a second time, in November of 1997, and again rejected the UFCW as their bargaining agent in January 1998.
On December 10, 1996 employees of the Des Moines, Iowa, Borders voted to authorize the UFCW as their bargaining agent. They approved their contract in December 1997. That brought of the number of Borders stores under union contract to two. Iowa is a right-to-work state: union membership is optional; that fact, combined with a weak contract, led to the dissolution of the union. The store is currently without a union.
In January 1997, after a divisive anti-union campaign by conducted by Borders, employees of the Stamford, Conn. store voted against a union. After the union loss, many employees left or transferred away from the store. NLRB charges were also filed against Borders by employees who alleged unfair actions by Borders� management.
On February 28th, 1997, employees of the Bryn Mawr, Pennsylvania, Borders voted to authorize the UFCW as their bargaining agent. The UFCW was unable to negotiate a contract that satisfied employees. In March 1998, employees started a petition drive to decertify the union. In June 1998, UFCW Local 1776 filed a disclaimer of interest, ceasing its effort to represent employees of the store.
On June 3, 1997, employees of the Borders in Seattle, Washington, voted against union representation. During the anti-union campaign, store managers resorted to tearful pleas during small group meetings. After the union loss, many employees left, dismayed by the tactics and actions of management.
On June 13, 1997 employees of the Borders in the World Trade Center voted to authorize the UFCW as their bargaining agent. In April 1998, employees voted to approve a contract. Subsequently, employees voted to amend the contract, providing an 'open shop' clause, which undermined the power of the union. A second contract was not negotiated.
In October of 1997, UFCW local 951 in Michigan began a national campaign to pressure Borders executives into signing a fair campaign practices pledge. It picketed Borders Group executive officers� homes and worked with staff of several Borders stores to initiate union drives. Working with Borders pro-union employees, it collected petition signatures of prominent writers. Borders claimed that 'at least one' of the signatures was forged, but never offered any evidence to back its claim. Actually, the petition is authentic, and Local 951 possesses the original signatures. Ultimately, 951 abandoned its attempt to mount a national pressure campaign, due to employee disinterest in the stores it had targeted and financial constraint.
On November 17th, 1997, employees of the Evanston, Illinois Borders, in conjunction with the UFCW, filed a petition with the NLRB, seeking an election to determine union representation. Employees in Evanston subsequently rejected union representation.
In the spring of 2001, employees of two New Jersey Borders stores filed for union elections, seeking representation by the Teamsters. Ultimately, the employees of both stores voted against the union. Supervisors had been excluded from the vote by a government ruling, and that made the difference.
In the spring of 2002, a union drive started at store 397 in Gurnee, IL. That drive sparked union movements at other stores, including Minneapolis and Ann Arbor.
In their public communications, executives of Borders Books and Music say that while they oppose unions at Borders, they respect the right of employees to investigate the option, and they believe the best path to discouraging unionization is through open and honest communication.
The factual record is quite different. In reality, Borders anti-union strategy features bullying, emotional manipulation and retaliation against pro-union employees, and the refusal to bargain in good faith with stores that go union.
This pattern has been repeated in many of the 12 stores that have
held union elections. The most notorious incident received a lot of
press coverage: it occurred in Philadelphia, where a pro-union employee
was summarily fired. Filmmaker Michael Moore publically intervened on
her behalf, while the IWW labor union picketed stores nationwide;
however, there have been other, less well-known incidents during
election campaigns and contract negotiations.
An Illegal Firing in Ann Arbor
Before employees in Ann Arbor voted 51 to 4 for unionization, store managers hatched a plan to intimidate and divide employees from one another. Foolishly, they discussed this plan in a public place - a bar across the street from the store - and non-employee union supporters heard every word, and later testified to the National Labor Relations Board, which subsequently ordered that Borders restore back-pay to a fired union supporter.
At the "clandestine" pub meeting, the General Manager started out by saying that it was likely that the union would be voted in, and that once voted in, it was their job to get rid of it. After a silence, three of the four managers present began discussing how to union bust. "We've got to act like assholes," one manager opined. They discussed several employees, denigrating their characters and work, marvelling at their sense of entitlement to their jobs. In reality, these employees had very positive work records.
The Cafe/Multimedia manager said that they should start by alienating the cafe from the rest of the group. They later began doing this by first telling everyone in the cafe that they couldn't accept tips because the rest of the staff didn't think it fair.
Once the employees caught wind of this rumor they circulated a nearly unaminous petition for the cafe workers to be allowed to receive tips. Backed into a corner with his own lies, the General Manager allowed the cafe workers at store #01 to receive tips for the first time.
They further advanced their union-busting goals by firing a long-term employee for what was clearly a misinterpretation of policy on his part. Borders later paid him back salary as restitution for their blatant union-busting on recommendation from the NLRB.
The NLRB decision also formed the legal basis for the successful strike in Ann Arbor.
Harassment in Stamford
In the Stamford store, after the union drive became known to Borders, a number of executives, along with trainers from other stores, descended upon the store. The trainers and the executives - including Director of Human Resources, Murray Coleman, a British ex-cop who sold his services to Borders after learning of the union campaign on the internet - proceeded to monitor and harass the store employees during the course of several weeks, following them around the store as they performed their duties.
According to charges filed by employees with the National Labor Relations Board, Coleman singled out one employee in particular for abuse: Samarpana, the "leader" of the union drive in the store. According to Samarpana's testmony, on multiple occasions Coleman yelled at her while she was performing her job:
On January 17, 1997, during the afternoon, I was in the basement speaking to the receiving clerk while I filled boxes with books to bring upstairs. It was known throughout the store that I was in favor of the union. As I spoke with the receiving clerk, Mr. Coleman came down the stairs. He left, and a minute later came back to the stairs and yelled at me: 'Samarpana, what are you doing down here? We: don't pay you to talk - get up on the floor and stay there; you've got no business here.' I was badly frightened and shocked by such harsh treatment. Four days later, I was helping a customer find a book in poetry. (This Is part of our job - to help customers in any section of the store.) Mr. Coleman walked by and came back and threateningly told me: 'Get back to your section. There are customers in children's.' Mr. Coleman tried to restrain my movements within the store and to restrain me from speaking with other employees and literally from doing my job, which is to help all customers. I am a very serious employee and have never had any problems with management before.
Unknown to Samarpana, store managers had sat down with Borders executives and planned her elimination from the staff. An employee of the Stamford store contacted the Borders Union Web site and told us this:
'Do any of you know what did happen in #38 Stamford... One of Borders Managers there had an idea to move Samarpana out of the childrens section. This idea was shared during a dinner with the GM, another AM, Murray Coleman and the head of Store Ops. The idea was greeted with positive overtones and it was actually played out. This was done purposefully to get rid of Samarpana the Union leader at #38 and it worked.
When Samarpana informed an AM she liked that she was leaving, that AM informed the GM, who, typical to her loud, and over-zealous personality, screamed with delight, 'We did it!'
Come on guys, get with it and do something. If there ever was a store that was Union Busting, #38 was at the head of the line. '
According to another employee, Borders' focus seems to be on degrading us and humiliating us to the point where we feel like we have no rights all, including the right to unionize. Borders made our store an emotional battleground; their tactic was to make it all into a personal attack�
It's no surprise that given this treatment, employees voted 27 to 10 against the union, seemingly just to get peace restored to their workplace. Unfortunately, after the anti-union vote, Borders retaliated against the pro-union employees who remained in the store:
During the campaign BGI used a lot of unfair tactics and told a lot of lies and we lost... The union filed objections and I supported them to the point of testifying to the NLRB. Borders responded wih harsher working conditions such as 4 and 5 hour shifts behind the register, arbitrary changes in schedules & selective disciplining of pro-union employees... Conditions got so bad that 4 employees quit in three days, many without having new jobs lined up.
The most glaring example of this came when a vocally anti-union employee yelled loudly at me in the store 'Jon why dont you just quit?' and launched into a tirade against unionizers. When I complained to our GM she initiailly said 'It's not a performance issue I'm not getting involved.' Only after I repeatedly asked and brought forward a witness to my harassment did she agree to 'talk' to this employee.
Crocodile Tears in Seattle
In what can only be described as a "good cop/bad cop" routine, Borders has historically not only relied on bullying in its anti-union campaigns, but also on tugging at the heartstrings of employees.
In Seattle, employees narrowly voted against union representation. Support had been strong at the start, but gradually eroded during the anti-union campaign which featured visits by Borders CEO, Bob DiRomualdo; Director of Employee Relations, Jim Lathrop; President of Borders Stores and Borders Online, Tami Heim; and others.
Heim reportedly cried in every meeting, and a few of the store's Assistant Managers joined in. In the first mandatory all-store anti-union meeting, it was announced that the popular General Manager was leaving. The employee organizing committee, in its communications, had made clear that the union campaign was based on economic issues, not on problems with the management. Borders response was to make it all personal:
As the events of the past two weeks have unfolded, we feel it is time to give our response. Several people have told us that the recently issued manifesto and the petition should not be taken personally, that 'this has nothing to do with the managers of the store -- we are sending a message to corporate.' In response to that statement, we do take this very personally!!!!! We sought Borders out because it is a very unique company, a company that has a staff as diversified as its product line. While we each got into this business for different reasons, we as a group enjoy the fact that this is a personal business, a business of people...
By signing cards petitioning for union representation you have in effect said, 'Sorry, Sharon, Tom, Dean, Katie, you're not doing your job, we want someone else.' You may not have realized that is what you did, but you did. If that is what you feel, then fine, we did the best job that we could...
We have something very special here; we
are not going to lose it. We are going to do everything we can to
educate you, so that when properly informed, you will choose to vote NO
on June 3rd.
While Heim and the assistant managers tugged on heartstrings, Jim
Lathrop attacked; according to an employee:
Neither the crc or oc are outspoken against the union, in fact they are both on the fence. Actually our crc might be leaning towards yes now because Jim Lathrop yelled at her a few days ago when she jokingly asked if she should get a lawyer.
Six weeks after the staff voted against the union, an employee reported that stress levels in the store were at an all time high:
...We were quite saddened at Mark's (old
GM) leaving. Most folks believe he really wanted to be transferred, but
as he had only been in Seattle 6 months, I remain skeptical.
The 'open door' policy is a myth in Seattle. [the new GM]... ALWAYS keeps her door closed. There are constantly management meetings going on. We never see managers on the floor.
This wouldn't be so bad if we weren't so incredibly short staffed. And I mean INCREDIBLY. We were short 4 booksellers and one cafe and music seller prior to our election. Naturally the powers that be said they couldn't hire anyone during the whole union process...
The booksellers are stretched so thin that over half want to quit. Hell, I bet that number is around 75%. But you know what? I bet that is what [the new GM] wants. She would like any bookseller who was here for the election drive gone. regardless on how you voted. No one likes working there anymore...
...Four people have come up to me and said they wish they voted for the union. Those four would have changed the outcome.
Bad Faith Contract Negotiations
In stores that voted the union in, Borders negotiating style has been characterized by stalling, refusal to bargain on economic issues, and intimidation of union negotiators and of employees who sit in on negotiations.
In negotiations at the Bryn Mawr store, Borders representatives walked out of a negotiation session. An employee present reported:
That's right they walked but only after Jim Lathrop called one of our UFCW negotiators an 'asshole' and a 'jerk' and [Jackson, Lewis attorney] Mark Shiffman remarked that our negotiating committee '...doesn't know what's going on.' Seems that being told three or four times that we would not respond to their counter-offer until we could see their entire proposal was not enough. They insisted that we respond and claimed that the Local did not know how to negotiate a contract...This incident will be used by Borders in other stores as an attempt to smear the Union. The truth of the matter is that we were willing to take the remainder of their proposal today and then caucus until we had a complete counter-offer to give them. They walked.
The source of contention in several negotiations has been Borders refusal to provide information in a timely fashion, and refusal to engage in bargaining over economic issues until the very last possible moment. The negotiating syle of Borders executive Jim Lathrop, and of the attorneys from the law firm Jackson, Lewis, has been repeatedly characterized as belligerant and disrespectful. An employee present at negotiations for the World Trade Center store reported:
We had a 4 hour negotiating session today that got pretty heated at times.
In our last negotiation session, Oct. 27th, we asked Lou Silverman (Jackson, Lewis Attorney who lives up to his reputation quite well) to send us a complete counter-proposal in advance of today's session so we would have time to review it before talks today. They failed to do so, and presented their counter-proposal to us at the table today. We were angry at this, as we had sent them volumes of information--indeed, virtually everything they asked for in terms of economics, health care options, etc.
When our attorney expressed his surprise at their lack of an adequate response, Silverman said that they had merely agreed to 'try' to get us their counter-proposal in advance, and they did try and couldn't do it in time. We felt that this was merely a stalling technique on their part.
The counter-proposal they brought forth today, however, lacked any information on economic proposals. We expressed to them quite clearly that this was not sufficient. Silverman then said that in his experience, he felt it was 'more efficient' to discuss language first, economics last. We disagreed with this, and told them that we want to negotiate this as a complete package, as any economic gains (or lack thereof) will have a tremendous effect on what our committee would consider in non-economic language. And as our attorney explained, judging from the experiences of the other stores' contract talks thus far, their idea of 'efficiency' in negotiations is not something we care too much about. This caused a little spat, which ended unresolved.
Later, Jim Lathrop showed his true colors with a little display of belligerence and disrespect that he's becoming well known for. We were discussing a certain issue, and our lead negotiator asked an employee at the table to elaborate on the issue from the shop-floor perspective. When the employee began to do this, Lathrop cut him off and said 'No, I'm talking to him, not you' (referring back to negotiator). Our attorney was very put off by this, as was everyone on our side of the table. Our attorney asked Silverman to tell his client to please show some respect and professionalism at the table, and that this type of behavior was completely uncalled for. SIlverman said 'I didn't hear anything disrespectful.' and things got very heated.
After that, things were tense at the table for most of the rest of the session. We did come a small bit closer toward an agreement on a few larger issues, but nothing too close yet. Meanwhile, we feel that discussing the contract language without a discussion of economics is like trying to drive a car without the wheels. And their counter-proposal today seemed far behind some of the agreements reached in Chicago.
In Chicago, Borders not only refused to engage in economic bargaining, but also threatened an employee present on the negotiating team:
Last wednesday, 6/11, we meet with the
company again. After some opening pleasantries, Borders got down to the
brass tax: no wage increases; no cuts in health care costs; no Sunday
premium; no extra holiday; no cross-training premium; no 40 hours a
week... I've given up trying to argue with these guys. Its obvious that
they've convinced themselves that their way is the right way and any
information contrary isn't applicable. Nonetheless, I noted to the
Borders team that the two independents down the street from us start
their employees at higher wage and offer them better health care
coverage than those at our store. Sure, we do better than B&N, but
not better than the independents that Borders is running out of
business. It was then suggested to me by [Jackson, Lewis attorney] Mark
Shiffman that I go get a job at an independent. Jim Lathrop added that
as I was obviously so disloyal to Borders that I didn't deserve a raise.
The tip of the iceberg
The preceding examples, of course, are only a small selection of what has transpired over the past six years: there have been union votes at twelve stores and serious union campaigns at a dozen others, and there are more stories yet to be told.
We, the current and former employees who constitute the online community at BordersUnion.com, respectfully request that Borders executives and their attorneys generate no new stories of egregious anti-union behavior, now that the Borders employee organizing campaign is in full-swing again. If you do, everyone will know.
ARTICLES OF AGREEMENT
This Collective Bargaining Agreement is entered into this ___, day of _______, __03 between United Food and Commercial Workers Union Local 789 (�Union�) and Borders, Inc (�Company�).
ARTICLE 1
UNION SECURITY
Section 1.1:
The Company recognizes the Union as the exclusive Collective Bargaining Representative of all full-time and regular part-time employees, including sellers, hourly supervisors and special process team employees employed by the Employer at it�s Minneapolis, Minnesota location at 3001 Hennepin Avenue South; and excluding contingent employees, salaried supervisor and guards as defined in the Act.
Section 1.2:
A.It shall be a condition of employment that all employees of the Company covered by
the Agreement who are members of the Union in good standing on the effective date of this Agreement shall remain members in good standing and those who are not members on the effective date of this Agreement, become and remain members in good standing in the Union. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its effective date shall, on the thirty-first (31st) day following the beginning of such employment become and remain members in good standing in the Union.
Section 1.3:
A. The Employers agrees to deduct Union dues and initiation fees from the wages of employees in the bargaining unit who voluntarily provide the Employer with a written authorization which shall not be irrevocable for a period of more than one (1) year, or beyond the termination date of this Agreement, whichever occurs sooner. Such deduction will be made by the Employer from the wages of the employees during each week and will be transmitted to the Union. Together with the transmittal of deductions referred to above, the Employer shall furnish the Union with a list of the employees for who deductions were made.
The Union agrees to refund promptly any dues found to have been improperly deducted and transmitted to the Union and to furnish the employer with a record of such refund.
B. The Employer will collect and forward membership application forms for new hires on behalf of the Union.
ARTICLE 2
MANAGEMENT RIGHTS
Except as expressly limited by other provisions of this Agreement, all of the authority, rights and responsibilities possessed by the Company are retained by it, including, but not limited to, the examinations, selection, recruitment, hiring, appraisal, training, retention, promotion, assignment or transfer (within store) of employees; the discipline or discharge of employees in accordance with law and the provisions of this Agreement; and, in general, to promote efficiency and productivity in the operation of the store.
ARTICLE 3
WORKER�S RIGHTS
The Company, in an effort to promote a fulfilling working environment, agrees to promote the following conditions in the workplace:
A.) The right to a representative of the Union being in attendance at all disciplinary actions taken by the Employer, if requested by the member.
B). Create a workers committee to help develop in store ideas. This committee shall act as a conduit to build greater workers involvement for in store promotions, book placement, community relations and establishing attendance policies.
C). Provide a harmonious workplace free of harassment, abusive behavior and discrimination.
D). Develop a structure where workers have constant opportunities for promotion and advancement through continuing education.
E). Establish a joint venture with Borders/UFCW Local 789 where employees would be paid a day�s wage to work in the community. An employee would be eligible for two (2) community service days per year. They would wear an Article of clothing supplied by the Union that identified the worker as being from Borders/UFCW Local 789.
ARTICLE 4
WAGES, HOURS AND WORKING CONDITIONS
Section 4.1:
The minimum hourly rates of pay for the classifications covered by this Agreement are contained in Appendix A.
Section 4.2:
Employees who had worked for Borders in the past, and are rehired, will receive credit for all hours worked for purposes of hourly progressions. Employees who are hired at rates of pay higher than the starting rate shall be credited with the corresponding service for purposes of wage increases.
Section 4.3:
Thirty-five (35) hours worked in five (5) consecutive days, shall constitute a normal weeks work for regular full-time employees. A full-time schedule, other than the normal thirty-five (35) hour weekly schedule may be arranged by mutual agreement. Regular full-time employees may request a schedule of up to forty (40) hours per week which shall not unreasonably be denied. Employees may not work in excess of forty (40) hours per week without the express permission of a manager.
Section 4.4:
A. Work performed by an employee in excess of forty (40) hours per week and or eight (8) hours per day shall be paid at the rate of one and one-half (1 �) times the employee�s rate of pay.
B. Scheduled overtime worksheets shall be posted in the store on an as needed basis, and employees desiring to work overtime shall sign the worksheet. Seniority shall prevail in the assignment of overtime hours for employees.
C. The Employer shall continue to assign daily overtime on a voluntary basis. However, employees may be expected to perform any reasonable amount of overtime work assigned to them. In such case, the Employer will attempt to assign overtime work to the employees who are immediately available when the need for overtime occurs, and who normally and customarily perform the work involved except in cases of emergency the Employer may assign the overtime to any employee capable of performing the work.
Section 4.5:
Work schedules will be posted at least one (1) week prior to the start of a work week. Schedules shall provide employees with ten (10) hours between shifts, unless the employee waives that right. No employee shall be required to work a split shift unless it is mutually agreed.
Full-time employees are entitled to two (2) consecutive days off per week. Non-consecutive days off may be arranged by mutual consent.
No full-time employee shall normally be required to work more than two (2) night shifts that end after 9:00 PM per week.
Employees shall be permitted to trade shifts with other employees provided the shift traded does not create an overtime situation and the other employee is fully qualified to perform the job.
Full-time or regular part-time employees with two (2) or more years seniority will indicate their continued preference for day shift or night shift within job classifications. Day shift is any shift that is scheduled to start after 7:00 AM and scheduled to end before 6:00 PM or earlier. Night shift is shift schedule to end after 6:00 PM.
Section 4.6:
All employees may elect to receive a thirty (30) minute paid lunch period if they work five (5) hours or more in a day. By mutual consent, Employer and employee may extend the lunch period of an additional thirty (30) unpaid minutes.
All employees working three (3) continuous hours or more per day are entitled to a fifteen (15) minute break. All employees working six (6) continuous hours or more per day are entitle to two fifteen (15) minute breaks.
Section 4.7
A. A part-time employee shall be guaranteed no less than four (4) hours of work each time he/she is scheduled to work or receive pay in lieu thereof except in cases where the employee requests fewer hours and the Employer agrees.
B. No part-time employee shall be scheduled for less than fifteen (15) hours per week except in cases where the employee requests fewer hours and the Employer agrees.
C. Part-time employees, in accordance with their seniority, shall have the right to more hours than junior part-time employees.
ARTICLE 5
DEFINITIONS: FULL-TIME, PART-TIME
Section 5.1:
A regular full-time employee is an employee who normally works thirty-five (35) hours or more per work week.
Section 5.2:
A regular part-time employee is an employee who normally works less than thirty -five (35) hours per work week.
Section 5.3:
Contingent employees may be used as needed by the Employer. They should only have hours after regular full-time and regular part-time employees have all the straight time hours they request. There may not be more than five percent (5%) contingent employees.
Section 5.4:
The Union is interested in developing a guarantee for the number of full-time positions. We recommend seventy-five percent (75%) of all hours be full-time; but are willing to listen to other suggestions.
ARTICLE 6
SENIORITY, LAYOFFS/RECALL/JOB BIDDING
Section 6.1:
Seniority shall be based upon continuous service from the last employment date with the Employer. All new employees shall be on a probation for a trial period of thirty (30) days after which they will be placed on the seniority roster and their seniority shall date from the date of hire.
Section 6.2:
All open positions or new positions shall be posted for one (1) week. Existing employees by seniority shall be able to bid and be awarded those positions ahead of employees from outside of the store. Employees interested in transferring to another store shall not be discriminated against because of their Union affiliation.
Section 6.3:
Layoff�s shall occur in the following order:
1.Contingent Employees
2.Probationary employees
3.Part-time employees
4.Non-probationary full-time employees by seniority, starting with the least senior.
Section 6.4:
Employees will receive a thirty (30) calendar days� notice prior to being placed on lay-off.
When a reduction in force causes openings in current positions, the filling of these positions will take place as follows:
1. All vacant position(s) will be visibly posted for ten (10) working days to all remaining employees.
2. Within those ten (10) days employees must apply in writing for these openings.
3. Positions will be filled by an interview process by the Company.
Section 6.5:
Employees will retain recall rights for a twelve (12) month period. Employees who are laid off and subsequently recalled to work within one (1) year shall retain their seniority.
Employees shall be recalled in the reverse order of the layoff.
An employee�s seniority shall be broken only by:
voluntary quit;
justifiable discharge;
layoff in excess of one (1) year;
absence caused by illness or non-occupational accident of more than two (2) years:
failure to return from layoff after being properly notified to do so.
ARTICLE 7
HOLIDAYS
Section 7.1:
Employees will be paid for ten (10) holidays, including: Columbus Day, May Day, Thanksgiving, Christmas, New Year�s Day, Independence Day, Memorial Day, Martin Luther King Day, President�s Day and Labor Day.
No employee shall be required to work on Thanksgiving or Christmas Day.
Section 7.2:
For employees who don�t work on the holiday, they shall receive:
Full-time eight (8) hours regular pay.
Part-time four (4) hours regular pay.
Section 7.3:
Employees who work on holidays specified above shall receive straight time for all hours worked on the holiday in addition to their holiday pay. If an employee works on more than four (4) of the holidays listed in Section 7.1, they shall receive time and one-half (1 �) for all hours worked plus holiday pay.
Section 7.4:
Employees who work on any of the above holidays, may bank their holiday pay by requesting it be added to their P.T.O.
ARTICLE 8
PAID TIME OFF (PTO)
Section 8.1:
PTO is designed to provide compensation at any employee�s regular rate of pay for days away from the job for reasons of vacation, sick leave, personal illness or family illness.
Section 8.2:
PTO will be earned at the rate below, based on the length of service with the Employer. Calculations will be computed based on all hours paid to the employee. PTO will be calculated from the date of hire, but not collectable until after the employee�s probationary period.
Years of Service Hours Paid To Earn One (1) Hour PTO
Date of hire 12 Hours
After three (3) complete years 10 Hours
After eight (8) complete years 8 Hours
Section 8.3:
PTO will be paid out in hours increments equivalent to the number of hours scheduled for the shift missed or for the average hours worked for vacation pay in a week.
Section 8.4:
An employee may carry over PTO at the completion of the first year of service. However, all PTO earned in an anniversary year must be used before a subsequent anniversary year is completed, or the employee will be paid out all remaining hours.
Section 8.5:
Employees may request (schedule) PTO in January of each year and will be awarded by February 15. Seniority will be used in awarding Paid Time Off. After February 15, selection shall be first come first served. There shall be no total blackout dates, the Employer will work with a committee to determine reasonable staffing levels during peak sales times.
ARTICLE 9
LEAVES OF ABSENCE
Section 9.1:
Applications for personal leaves of absence shall be in writing and directed to the attention of the store manager. A leave of absence for a period of up to ninety (90) days shall be granted by the Employer for employees with one (1) or more years of continuous service (employees working less than twenty (20) hours after two (2) years of service), providing such leave is for a reasonable purpose and shall not substantially interfere with the operation of the business.
Section 9.2:
The Employer agrees to grant time off without pay and without discrimination to any employee designated by the Union to attend a labor convention or serve in any capacity or other Union business which necessitates such employee being away from work for the predetermined length of time.
Section 9.3:
Any employee who has completed his/her probationary period will be paid for the actual time lost in accordance with his/her working schedule over a five (5) day leave period in the event of the death of a brother, sister, father, mother, father-in-law, mother-in-law, grandparents and grandchildren; one (1) day leave for brother-in-law and sister-in-law; a ten (10) day leave for the death of a spouse, significant other, child, or stepchild regardless of the adoptive relationship.
Section 9.4:
Any employee who has completed his/her probationary period who is subpoenaed petit jury duty service shall receive the difference in pay for time lost and the amount received as jury pay, but in no case shall the total pay exceed forty (40) hours' pay at the employee's regular straight-time hourly rate. When an employee is released for a day or part of a day, he/she shall report to his or her store for work. Hours spent on jury duty shall be considered as time worked for the purposes of this Agreement.
Section 9.5:
The Employer shall grant to employees who are inducted into the military service a leave of absence. Any employee who is required to take time from work for training or encampment in any recognized military unit shall be granted a leave for such period of time without pay and with loss of seniority. Such employees will not be required to use their vacation time for such purposes.
Section 9.6:
In the event of illness, injury, or pregnancy which requires a prolonged leave of absence, any employee shall be granted a leave of absence for illness or injury for a period not to exceed six (6) months. Extensions of ninety (90) days at a time, up to a total of one (1) calendar year, shall be granted upon written request, supported by a written medical statement from the attending physician (or chiropractor), setting forth the expected duration of the medical leave.
Upon notice to the Employer of availability for work and if requested by the Employer, the attending physician's release to return to work following absence because of a bona fide sickness or accident, the employee shall be restored to his/her previous job held and shall begin work no later than the next posted work schedule, provided the employee returning from a leave of absence for illness or injury notifies the Employer by 12:00 noon on Thursday of his/her availability to return to work the following week.
ARTICLE 10
GRIEVANCE AND ARBITRATION
Section 10.1:
A.All matters related to discipline or discharge must follow the principles of just cause.
B. When a grievance arises in a store, the employee (with or without the Union representative) may attempt first to settle the matter with his/her immediate supervisor. In the event that this is unsuccessful, the representative of the Union shall be called so that the matter may be settled without loss of time to either party.
C. If the grievance cannot be resolved on a local level, a representative of the Employer and a representative of the Union shall, within seven (7) calendar days, attempt to reach a settlement of the controversy, dispute or disagreement.
D. In the case of wage discrepancies, the Employer agrees to submit to the Union upon request from the Union any and all wage data concerning same.
E. Any claimed grievance of any kind to be acted upon or accepted as valid for any reason, must be filed in writing with the Employer and the Union within thirty (30) calendar days of each alleged act of violation, except that back pay on grievances involving the failure of the Employer to grant wage increases in accordance with the Agreement, shall be collectable over a period of time covering two (2) years or back to the effective date of the Agreement, whichever is more.
F. Any controversy over the interpretation of or the adherence to the terms and provisions of this agreement , including all claims for wages which cannot be settled by negotiations, shall be submitted to arbitration by either party notifying the other involved in writing of its desire to do so.
Notification of desire to submit the grievance to arbitration must be made within thirty (30) calendar days following exhaustion of B, C, D and E above.
Section 10.2:
Any discharge or dispute that cannot be resolved under the provisions of SECTION 10.1 may be referred by mutual agreement to the Bureau of Mediation Services of Minnesota in an attempt to reach an agreement on a resolution. The party wishing to submit the dispute or discharge to nonbinding mediation shall do so in writing within fifteen (15) calendar days following the exhaustion of the remedies in SECTION 10. 1. The parties, by mutual agreement, may elect to bypass Mediation and refer the matter directly to Arbitration.
Section 10.3:
If the grievance is not resolved, either party may refer the matter to arbitration. Any demand for arbitration shall be in writing and must be received by the other party within thirty (30) calendar days of the party�s final meeting. The Employer and the Union shall attempt to agree on a neutral arbitrator who shall hear and determine the dispute. If no agreement is reached, the arbitrator shall be selected from a list of seven (7) neutral arbitrators to be submitted to the parties by the Director of The Federal Bureau of Mediation Services.
Section 10.4:
The authority of the arbitrator shall be limited to making an award relating to the interpretation of or adherence to the written provisions of this Agreement, and the arbitrator shall have no authority to add to, subtract from or modify in any manner the terms and provisions of this Agreement. The award of the arbitrator shall be confined to the issues raised in the written grievance and the arbitrator shall have no power to decide any other issues. The award of the arbitrator shall be final and binding on the parties.
Section 10.5:
The award of the arbitrator shall be made within thirty (30) calendar days following the close of the hearing. The fees and expenses of the neutral arbitrator shall be divided equally between the Employer and the Union.
Section 10.6:
The time limitations set forth herein relating to the time for filing a grievance and the demand for arbitration shall be mandatory. Failure to follow said time limitations shall result in the grievance being permanently barred, waived and forfeited, and shall not be submitted to arbitration. The time limitations provided herein may be extended by mutual agreement of the parties.
ARTICLE 11
HEALTH CARE PLAN
Section 11.1:
A. The Employer agrees to make contributions into the United Food and Commercial Workers Union Local 789 and St. Paul Food Employers Health Care Plan on behalf of any regularly classified full-time employee who has worked thirty-five (35) or more hours per week or averaged thirty-five (35) or more hours per week for the reporting period (�Full-time Contributions�).
B. The Employer further agrees to make contributions into the Plan on behalf of any regular part-time employee (excluding seasonal and contingent) working less than thirty-five (35) hours per week (�Part-time Contributions�). It is further agreed that if the aforementioned part-time employee works thirty-five (35) or more hours in any one week and averages thirty-five (35) hours or more per week for the reporting period he/she will have a full-time contribution made for any week he/she worked thirty-five (35) hours or more during that reporting period.
Section 11.2:
A. The schedule of contributions are as follows:
Effective September 1, 2002:
Full-time Contributions: $70.88 per week.
Part-time Contributions: $25.73 per week.
Effective September 7, 2003:
Full-time Contributions: $74.88 per week.
Part-time Contributions: $27.73 per week.
Further, effective March 3, 2002, in the event the Trust Fund�s net reserves reach the level of seven (7) months, the Employer shall be obliged to make additional contributions to the Fund, as determined by the Fund Trustees, up to a maximum of $5.00 per week for Full-time Contributions and a maximum of $2.50 per week for Part-time Contributions. Any additional contributions which may be determined by the Fund Trustees to be required by this section shall be paid on the same basis as set forth in SECTION 11.1.
B. In addition to the contributions provided for in Section 11.2 A., the Employer shall, effective March 7, 2004, make "Benefit Fund" contributions as follows:
Full-time Contributions: $8.00 per week.
Part-time Contributions: $3.00 per week.
Notwithstanding the foregoing, it is agreed that, in the event that an actuarial analysis of the Health and Welfare Fund to be completed prior to the third year of the contract term (i.e., prior to March 7, 2004) should project that Health and Welfare Fund reserves will fall below the seven (7) month level at any time during the remainder of the contract term, then the amounts specified above as "Benefit Fund" contributions during the third year shall be designated for contribution exclusively to the Health and Welfare Fund to the full extent required to attempt to maintain a seven (7) month level of reserves in that Fund.
Section 11.3:
The program of benefits of this full-time plan and of this part-time plan are as agreed to between the Employer and the Union Trustees and will be maintained for the life of this labor agreement at no contribution cost to employees. Benefits may be modified by mutual agreement of the Board of Trustees.
Section 11.4:
The Employer is bound by the existing Trust Agreement covering the aforesaid Trust Fund and any amendments thereto. It is agreed that the Trust Agreement shall be amended to provide: (1) subsidized retiree health insurance benefits consistent with the terms of the Letter of Understanding Regarding Retiree Health Insurance dated March 17, 2002; (2) that part-time employees hired on or after March 18, 2002 shall become eligible for coverage only as of a date 180 days following the date of hire; (3) electronic transmission of Employer Contribution payments; and (4) a "best efforts" attempt by the Trustees to develop a mechanism for participating employees to self-fund accounts to be used for paying the costs of retiree coverage.
ARTICLE 12
BENEFIT PROTECTION
Borders will maintain current policies with regard to book credit, dress code, House Accounts, Employee Stock Purchase Plan, Employee Stock Option Plan, 401K Plan, and all other benefit plans currently in effect that are not addressed above or in the areas of this Contract. Any material improvement in these benefits offered to employees not under Contract shall also be extended to employees currently under Contract. In addition, Borders will participate in a Bus Pass Purchase Program. Employees who take the bus, will submit a receipt of their monthly pass and Borders will reimburse fifty percent (50%) of that cost.
ARTICLE 13
LEGAL ISSUES
Section 131:
No employee shall be discriminated against because of race, creed, sex, age, color, national origin, disability, political ideology, religion, marital status, status with regard to public assistance or affectional preference.
Section 13.2:
No employee shall be asked or permitted to make any written or verbal agreement that will conflict with this Agreement. No employee shall have his/her wage reduced who may be paid over the minimum wage called for in this agreement, nor shall any employee be reclassified to defeat the purpose of this Agreement.
Section 13.3:
1) Nothing contained in this agreement is intended to violate any Federal law, rule or regulations made pursuant thereto. If any part of this agreement is construed to be in such violation, then that part shall be made null and void and the parties agree that they will within thirty (30) days begin negotiations to replace said void part with a valid provision. It is agreed however, that either party to this agreement shall have the right to appeal any decision that a provision of this contract violates a Federal law, rule or regulation.
2) It is also understood that if a provision is deemed in violation by the final appellate court, the parties will negotiate with the intention of replacing the void part with a valid provision, but, however, should negotiations fail, the matter will be subject to arbitration according to SECTION 10.3 of this Contract.
ARTICLE 14
TERM OF AGREEMENT
Section 14.1:
The parties agree that this Contract may be amended by mutual agreement of both parties, and if amended, the amendment shall be attached to the Contract by addendum and signed by both parties.
Section 14.2:
This Agreement shall be effective from the date hereof, except as otherwise specifically provided and shall continue in full force and effect through June 1, 2005 and shall continue from year to year thereafter unless either party serves notice in writing upon the other party ninety (90) days prior to the expiration date of its desire to terminate, modify or amend the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
By________________________________ By_________________________________
Title_______________________________ Title________________________________
In an effort to be reasonable in our wage proposal, UFCW Local 789 has used information from the Minneapolis Community Development Agency. We have taken their base rate for 2001 and adopted it as our starting rate.
Minneapolis City Council Member and Chairperson for MCDA said: �We consider the city�s living wage policy crucial in helping our residents afford housing and other basic necessities of life.� We agree, and while this proposal is lower than we think it should be, it is a beginning point.
We think APPENDIX A should look like this:
APPENDIX �A�
WAGE RATES
Current 2003 2004
Hire $ 9.33
6 Months
12 Months
18 Months
24 Months
30 Months
36 Months
Over scale
We have left all of the columns empty until we see the current wage rates. We believe that wage adjustments for months of service increments should be consistent ( i.e.: every six (6) months should have a value, somewhere in the neighborhood of twenty-five cents ($.25) per hour.) We also will bring increases for each of the next two (2)years.
In addition we want to talk about:
*Sunday premium pay
*Additional responsibility pay including Special Processing Team and Supervisors. We also would like to see job descriptions of the various jobs in the store.
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