This is a record of the contract negotiations conducted in Minneapolis in 2002. Things worked a little differently there from other Borders contract negotiations in that the transcripts of the sessions were posted immediately to the web afterward.
November 1, 2002
Maria Zachmann
Border Books
3001 Hennepin Ave S
Minneapolis MN 55408
RE: Contract Negotiations
Dear Ms Zachman:
It is customary to send initial letters to the store manager, and it is even more usual to have them deferred to the corporate offices. Please pass this on to whomever will be conducting the negotiations on behalf of the company.
The N.L.R.B. certification came to us on October 31, 2002 and we would like to select dates to begin the negotiating process as quickly as possible. First contracts are always challenging, but we believe the agreement we will introduce, will be one that works well for all parties. In talking with workers, it is clear their interests lie in developing a practical, concise document that helps re-establish their role in making Border's a strong, viable retail operation.
I am encouraged by engaging in a process where workers are this interested in the daily operation of the store. Border's is fortunate to have workers dedicated to that end.
Please note, this document is being copied to workers in the store. I feel it is only fair to you to know these communications and subsequent negotiations will be available to workers in several different formats. There will be no secrets or behind closed door discussions with the employer that are not shared with workers and others.
I appreciate your prompt action on this matter and will tell you we are interested in securing a good fair settlement with the least amount of disruption possible.
Sincerely,
Bill Pearson
President
UFCW Local 789
Bernie Hesse
Organizer
UFCW Local 789
November 12, 2002
Gregory P Josefowicz
borders Group
100 Phoenix Dr
Ann Arbor MI 48108-2202
Re: Contract Negotiations Borders #27
Dear Mr. Josefowicz:
I apologize in advance of receipt of this letter, but I need your help. On the 18th of October, the workers at Border's store #27 in Minneapolis, Minnesota voted for us be their certified bargaining representative. The vote was 15 for and 6 against, and I thought it was an even handed campaign free of any real ugliness.
On the 1st of November I sent a letter to the store manager with a request for dates for negotiations to begin. I have the good fortune of more than a few years in the business, and I realize those decisions will be made well beyond her. That's where you come in.
I am certain these talks will be conducted by people other than yourself, though we would love to have you join us. I would appreciate if you could place me in contact with whomever will be heading up these negotiations. I have included a standard request form we use for all contract negotiations. I would appreciate that data be returned to us as quickly as possible. Once we get it there is some preliminary work we need to do, but we should be ready to go shortly after the first of December.
I know in the past, you have used the Jackson Lewis law firm. Unfortunately, their reputation precedes them. I would hope you would have your own in-house human resource people available, but it is obviously your call on who can best negotiate this contract. I would appreciate whomever you are using to contact me at 651-451-6240.
I am certain you are very busy, I will try and avoid writing you unless it is an absolute necessity. Thank you for your help in this matter.
Sincerely,
Bill Pearson
President
UFCW Local 789
PS: As a courtesy, please be aware, all communications exchanged will be available to others
December 2, 2002
Mr. Thomas Carney
Vice President and General Counsel
Dgd.
100 Phoenix Dr
Ann Arbor MI 48108-2202
Dear Mr. Carney:
Thank you for your letter regarding the upcoming negotiations for the Borders Store #27. There was some confusion in that I will be the lead negotiator and the communications should come thru me.
My style is to be fairly direct, so let me just clarify why I wrote to Mr. Josefowicz. I have read through volumes of information relative to the negotiations that took place in 1997 and 1998. There is a fairly clear and consistent pattern to the bargaining. Without passing judgement, I will let the outcomes speak for themselves.
I would be less than honest to say they were positive for the workers in those stores. That is troubling, and not a mistake I want to repeat. I also realize the precarious position you are in. Those two factors almost insure a fairly challenging and spirited set of talks. I know the Jackson Lewis folks are �good� at what they do, and frankly I hate to �lose�.
Let me be very clear, our intention is to make these negotiations as transparent as possible. The visibility of these discussions will be like no one has ever seen. That can be very good or very bad, depending on how we all act at the table. We will come prepared to move to a fair settlement, of course that may well be a matter of perspective.
To the earlier point, I will work within your contact structure, as long as we are moving forward. If not, I will not hesitate to communicate with Greg or anyone else who is interested in what is happening.
If you have any questions or concerns, please feel free to contact me at 651-451-6240.
Sincerely,
Bill Pearson
President
UFCW Local 789
cc: A number of interested observers
WGP/gf
Opeiu #12
Borders Negotiations
December 18, 2002
Session 1
*These are the notes from the 12/18/02 session; it is not intended to be a verbatim transcription*
For the Union:
Simone Menier (Borders)
Jason Evans (Borders)
Holly Krig (Borders)
Bill Pearson, President UFCW 789
Bernie Hesse, Organizer UFCW 789
Jennifer Christensen, Representative UFCW 789
For the Company:
Maria Zachman
Mark Shiffmann, Attorney at Law
James Lathrop, Director HR
Federal Mediation and Conciliation Services:
Mitch Franklin
--9:40 a.m.--
Bill
It would be helpful, because we only have one day, It would be helpful to know who is the mediator so we can set dates.
Mark
This is the nicest FMCS office I�ve been in. As far as, as I said to you, we certainly have no problem involving mediation, I don�t know that we to add early in the process of the negotiation, to involve the delay of the mediators schedule. It is hard enough to try and get dates without involving the mediators schedules. We are open to that process.
Bill
I have been doing this for years- We were in Long Prairie yesterday, we didn�t have a mediator there. If we are meeting here, I won�t give up dates because there isn�t a mediator. The advantage of taking dates is we can book a room.
Mitch
When you book rooms, those rooms are subject to cancel if the mediator needs it. Also you have to go at 5 pm if you are meeting without a mediator. Part of our new security.
Bill
As I said, I was in Long Prairie yesterday, it was a 14 hour day, but we got it done. Our, the only, value of being here is that these are going to be a very unusual set of negotiations. We are approaching it a little differently. I have spent a fair amount of time reading the pages of negotiations from 5 years ago. I�ve had the emails made available. The history is from an education standpoint; how I do business is across the table looking face to face. I am not interested in getting a contract I have to force on people. It is not about what I think they should have, it is about what they think they should have.
My style, there was a point in my history where I was a produce clerk, one of the guys from the International came in and I opened my mouth and the guy from the Int�l took me out into the hall and reamed me. I never forgot that. I let all of my committees speak. I expect my committees to be courteous � come to the table civil�we expect to get a contract.
We are posting everything we do (in negotiations) on bordersunion.com. This will be the most transparent negotiations ever. We are being realistic in our proposals. Our proposed contract is 16 pages long � our grocery one is 70. For many years we have tried to keep negotiations a secret. For the last two contracts we built a web site, email committees, in store communications committees. After negotiations we would send out/post on the internet members would print and post in the store.
Membership involvement is critical to the success of any union. We have moved to an open communication style with the membership. I know it can be uncomfortable I want to make sure it is on the table so there is no surprises to anyone.
Mark
You indicate that the negotiations are going to be unusual. We�ve had negotiations in auditoriums � You indicated that the only difference is that they are going to be open. We have had four negotiations. 3 were ratified. One ended up not being. I don�t think at any point in those processes was there even a harsh word exchanged.
Even under the contract, in the 3 places we did achieve a contract it was the union that chose not to negotiate. In one place they walked away in the middle. Then I was contacted and they said don�t come to town� I don�t see that this is going to be different. While Borders hasn�t experienced the open communication in negotiations, I have. The one thing I would request is that the communication be accurate. We have reviewed the web site. There was one letter that was posted and one that was received. The difference was the spelling of the name was different. If you are going to do this as is your right, you do it as accurately as you can. I don�t see that this is going to be any different that normal .
This is your committee?
Bill
Maybe one more from the office
Mark
This is the meeting place (FMCS). How likely is it that we get a last minute cancellation?
Mitch
Not likely, we try to take in consideration people flying in.
Mark
If there is an agreement I would assume that on your end it has to be ratified.
Bill
Yes.
Mark
We will come to the table with authority to offer agreements at the table.
Language first and then economics
Bill
We have a full contract.
Mark
Do you agree that this makes more sense �language first.
Bill
What ever makes you more comfortable. I got your letter
Mark
Regular language.
Economic language.
Then economics.
This makes the economics more easy.
We would have you forward your contract to us and we would give you a counter proposal based on your original. What I don�t like doing is you working on one set of papers and me off another.
Jennifer:
Re: electronic communication � form format?
Mark:
I will put you in touch with the person who takes care of that
Bill
Mark had alluded to the letter. And she sent it out to Greg Josefowicz with the name sent incorrectly. I insulted him in the letter by spelling the name wrong, didn�t want to do it on the web too.
We will have this information on the web. What we are saying isn�t a secret. We will put you on the web. The minutes of the meeting will be posed as to what is being said across the table. There is video streaming�
Mark
Your not going to video stream?
Bill
Only If you agree to it.
Mark
I have too many bad sides.
Bill
We are going to be producing video�
I have read the information on negotiations, I am not implying that it was anyone�s fault. I have never not gotten a contract.
Mark
I think it has happened to me once
Bill
And I�ll tell you another thing- I always got another contract. I can tell you when we hooked up with the people from Borders � We have a website youareworthmore.org - Our goal is to represent people in that store
Mitch
No notes taken in caucus- In joint session I don�t care what you do, but when I am talking to just the union or just the company, notes are subject to the confidentiality of the mediator. Those sessions are confidential in nature. I have served my purpose, I am going to remove myself from the negotiations process.
If you need me I will be available.
Bill
Did we schedule just the morning? Or do we have all day?
Mark
By the early afternoon
Bill
I only say that because if you are going to assign a mediator. We would like to know before we leave so we can get dates.
---Break�
10:44 a.m.
Bill
Again I know that this is a little unique. I won�t go into it. Again I will forward it to you electronically. For purposes of today though I will pass these out to you (Bill passes out bound proposed contract). And while there is a signature page, I don�t expect you to sign it. And just so you know we will pass it out to all the workers.
Mark
I think for future negotiations I will bring back to you 8.5 x 11
Is there anything in here that you think we won�t (understand)? If there are any items you want to highlight
Bill
I have stolen language from many contracts.. We have 70 contracts (to draw from).
(Bill touches on highlights and articles of contract proposal)
Article 1 � standard union security language
Article 2 � Managements rights came off of the web site..don�t know where it originally come from
Article 3- Worker�s rights - These proposals come very much from the workers
Mark
Let me ask: by �Union Representative� do you mean the professional union representative?
Bill
Initially Yes. (will be training) (continue to touch on highlights of Article 3)
Article 4 � Standard boiler plate language
35 hour workweek with option of 40 .
I am sure we will have much discussion. Understand this is all subject to negotiations but we wanted it to fit into what you are doing.
Mark
On contingency employees is it 5% of the work force or 5% of the hours.
Holly
As we discussed it, it seemed clear that it was 5% of the work force
Bill
In the contingent work force we are trying to be sure that the FT and PT employees get the hours.
Holly
We wanted to be sure that they (contingent) don�t outnumber the regular employees (FT PT).
Article 6 � layoff/recall/job bidding
Mark
You put in the layoff language contingent before probationary. In the borders culture is that the contingent is typically the borders employee who has stepped back.
Bill
I think that if you hired a probationary employee was hired because there was a hole. We wanted to be sure that the �real� employees got to work.
Mark
Again, contingent employees are contingent because they want to be. They choose. They don�t want a regular schedule.
Bill
Article 7 � Holidays
Mark
4 of the holidays you have listed are always fall on Mondays.
Bill
What we were trying to say is, if there is fairness it is good; if they work more there is an incentive.
Article 8 - PTO
We proposed this, you are probably familiar with this.
Article 9
Leaves of absence
This is tandard Language
Article 10 � Grievance and arbitration
(bill goes though steps as listed)
Mark
you have Bureau of Mediation Services written. This is FMCS
Article 11 � Health Care Plan
Bill
We are proposing the UFCW Retail Health Care Plan. I don�t have what your current costs are�
Mark
I will send them to you. Send me your SPD
Am I to read that this is $280 per month?
Bill
It is up to $307 (new rate).
(Bill briefly summarizes retail health care plan)
Bill
Part time going to $27.73/week.
(Bill summarizes plan)
Article 12 � Benefit Protection
Bill
I started to propose our 401 plan, but then I saw your plan. We wrote this in trying to maintain what you have rather than plug (the employees) into ours.
I want to point out, and this comes from the employees, parking is at a premium at your store, the employees have proposed a bus pass reimbursement of 50%.
Article 13 � Legal Issues
This is standard language
Article 14 � we propose a two year agreement
Wages:
We have adopted the Minneapolis Living wage base rate for 2001 as our starting rate. When we see where people are at we will plug in the other scale rates
This proposal is pretty basic. I always want to get contracts that are easy to understand. We could have brought the Minneapolis retail language.
Mark
Jim any questions?
Jim
No.
Bill:
One of the things that I have seen (on the web) stated continuously by Borders workers is that they would like to have more in put into the running of the stores This is going to sound like a criticism... But the bigger any entity gets the structure controls and this is coming from the UFCW which is a top down organization .. The Borders workers are trying to do what we as a local are trying to do as an organization.
Mark:
Do you want to talk about some dates?
Bill - Yes
January 9,10 � 16, 17 To begin at 9:30 a.m.
Session 2
(These are the notes represent the discussions from the 01/09/03 session; it is intended to represent the conversation and discussion to the best of our ability, it is not a verbatim transcription).
For the Union:
Jason Evans: worker
Holly Krig: worker
Bill Pearson, President
Bernie Hesse, Organizer
Jennifer Christensen, Representative
For the Company:
Maria Zachman
Mark Shiffmann, Attorney at Law
James Lathrop, Director HR
MS: Bill and I had a very brief discussion about process about how we should address this. As I mentioned to you last time, any language that is underlined is new, any not underlined is yours, and not agreed to is struck through.
Each article is on its own page, (we may have killed a few trees)
I have a full response, all economics is struck through, not that we aren�t agreeing, but �
This is explained at the beginning of the contract.
What Bill and I had talked about is we will go through the whole proposal, have a discussion, break so you can discuss this with your group.
I would then suggest we go through and pick several articles to work on.
A couple of other preliminary things, you had asked for our health care costs, we don�t have them yet, we are working on them, it is year end and we should have them for you.
Do you have the SPD (summary plan description � health care plan)
BP: I will bring it tomorrow.
MS: (Briefly summarizes changes in language [see attached management proposals] Questions, responses and discussions are as noted.)
BP: in 4.2 what do you do now if someone is hired at a higher rate.
JL: At 6 months .25 at one year .25 and then into the �pool�.
If they are hired at a higher rate they would skip the progression and go into the pool, annual schedule (review).
BP: in 4.4 is that your current arrangement? No overtime after 8?
MS/JL: Yes, it is more than 40 in a workweek.
BP: On the two consecutive you usually get two consecutive off?
MZ: It depends on what the employees want
JL: Unless the business needs require, employees generally work one weekend day.
BP: Currently how do you determine FT
MZ: Currently it is more than half
BP: Are there any PTers that are PT that don�t want to be? No
MS: See that is the difference in the grocery industry, people start as PT and progress to FT. At borders people go back and forth and we may not be able to accommodate it immediately
BP: Do people in your store have half hours or hour lunches.
MZ: Both. There preference or store needs.
BP: Is there ever a time when they don�t?
MZ: They are scheduled for a lunch.
BP: You struck the language for working 2 nights.
MS: Again we try to accommodate everyone�s preferences some want all closings some want days. It varies based on the needs of the store and the staff.
HK: I think that the salient point is that you keep mentioning the needs of the employees, but many may want 5 consecutive days and that they are not mutually exclusive.)
MS: We have a flexible schedule where we try to accommodate peoples� needs,
HK: I don�t think that is necessarily true, I think it is that the store is under staffed and I don�t think that the employees should be punished for that.
MS: You have the employees based on the sales in the store. That is a determination of management. It is what works in the store.
HK: I don�t think you can say it works in the store because you have not worked in it.
MS: The set number of payroll hours, not people, is a management decision. How it is divided is an appropriate topic of discussion. That you don�t think you have enough people in the store can be a topic for discussion.
HK: You are easily able to appeal to that, but we are prepared to argue the case.
Because there are some who want to work consecutive days does not mean that other employees cannot continue to work flexible schedules.
MS: Our position is that we are not willing to guarantee consecutive days.
BP: I am surprised you �popped� B already.
I think that when employees have some say in their company and when workers are included in the functioning of the store (you have a better working environment). What you see here, with what Holly is saying, is an example of how people in the store feel - that even though you are (a large corporation) why can�t the employees, at least within the store, function as a small company.
MS: I think that already exists and scheduling is an example. Scheduling changes based on employees needs, and we do a pretty good job of that. Some people want to do volunteer work, some have school and that scheduling is done informally.
My experience is typically scheduling in supermarkets is very much seniority based, once they are there they are pretty much locked into those hours unless someone leaves, I have been around for a long time something changes in my life I can�t get a new schedule. In our organization, when those changes happen we try to meet our employees needs. It is extraordinary to meet employ
HK: There is a dichotomy created between (the concept of) flexibility and (rigid) guarantees with the union - I think both can exist, flexibility along with guarantees.
JL: We are not at all receptive to guarantees in schedules. With the exception of the numbers of hours (etc) - with this size of store and the number of employees we would not be able to run the store.
BP: As it becomes more top down it becomes more rigid as a corporate structure
MS: That is true I wouldn�t dispute that
BP: We can say we want six more workers, and you are right that is not a mandatory subject of bargaining, but scheduling is. We wanted to say that we want to say to the employer that workers want input. We want us to take the moral high ground. From Holly and Jason�s stand point they like working at borders. What you are hearing from Holly is what is happening all over.
JL: If we have to reduce hours we share that across employees, before we lay people off. If we put guaranteed hours� we reduce hours by request and then average the hours over a four week period to maintain benefits. our desire is to handle hours in that fashion before we lay people off.
BP: How many FT and PT
MZ: 10 Full time
7 Part time
4 temporary (seasonal) they can be temporary for 120 days and then a decision has to be made.
BP: is there a time in the book business that is slow
JL: the spring can be slow, but it really depends on the releases, if you have a harry potter released during the slow season you will have people come into the store.
MS: We certainly have a busy season.
BP: I am a part time employee, would that employee get hours ahead of a contingent or temporary?
MS/JL: We would certainly have a part-time employee worked during the holiday than a temporary. There is no incentive for us to give the hours to the temporary before PT or contingent.
If we are going to hire temporary seasonals on a FT basis before we do that we are going to pt and contingent employees before hiring seasonal employees
Mostly used for Holiday seasonal and summer vacation coverage.
JE: I started as a seasonal.
MS: Unlike most other environments, our PTers work the hours they work based on their preference, that is not always the case, but it is mostly the case.
BP: (6.1) Probabtion is 60 working days, if they worked one day a week they would be union members in 60 months?
MS: Being members and being on probation is two separate issues.
BP: So the contract covers them but they are still probationary.
MS: They are probationary only for the purposes of benefits (we will get to that) and whether or not we decided to keep the employee.
(note typo in 9.6 corrected to state no loss of seniority)
BP: you�ve struck 10.2 (mediation)
MS: We don�t feel mediation is necessary. If we have a serious grievance here that will get attention beyond Maria. If we can work it out, we will. We don�t feel we need the extra step.
Everything else economic, we are probably fine with a two year term.
BP: Let me make notes on the wage page.
JL: There are multiple people in classifications:
Booksellers: 11 booksellers (4 full time)
In this store we do not have cashiers.
4 Another classification is Hourly Supervisors
2 SPT
The other classification that exists that isn�t here now is cashier.
0 cashier
JL: other classifications are music sellers and caf�
BP: from a hierarchy stand point is there a pecking order? Is there a ranking?
JL: generally if would go from bookseller to hourly supervisor
Cashier (entry)
Bookseller/music/books (premium)
SPT
Hourly
Premiums are in information sent to Union
BP: I don�t want to read anything into your comments, is there a chance it could become a bigger store?
JL: Because of the constraints of the store, and space, if we do come up with a larger space we would look at adding caf� or books. There are very few stores without music and caf�.
Break �
Resume
BP: let me start on the first page � we are going to take them in a pecking order,
I am more non-traditional than you I think often times other pieces are related to other pieces. One of my largest disappointments is that we have sat in negotiations and negotiated over language which no one cared about and then spent a day on economics-
MS: with thee exception of Health Care economics, it is either this or this. Language can be massaged. I had 85 meetings with a teachers union, 84 � were about language.
BP: These are going to be interesting, as we talk about economics that over-lap language.
Under article 1 TA (tentative agreement 1.1 - 11:39a.m.
Section 1.2 I need to understand-
Standard language, once you have completed your probationary you are a member.
You can join (the Union), but the Union cannot help you with a termination.
MS: If you would rather not have them be members until they complete their probationary period, we would change that.
BP: What would the advantage be to you to have a contract not cover a PT who worked only one or two days a week.
Why are you proposing a longer probationary period.
MS: So we can see how the employee (works out) their attendance etc.
If we are going to commit to a standard that we won�t separate people for cause � this only applies to new people � we need time to evaluate the employee.
BP: So a full time employee who works 5 days would have to work 3 months on probation?
HK: I was looking in the Borders hand book for a definition of a probationary period-
MS: There is none. The borders employers are always at will employees. When we make disciplinary decisions they are always well founded.
BP: I work from standards � have not seen this concept that you have members that you cannot represent.
Section1.3 you have struck initiation fees �
Logic behind that?
MS: We just choose not to � we will deduct dues
Administratively it is easier to take dues out once a month.
BP: We have changed our dues structure � do if for some reason some reason they did not work, we don�t charge them. Under the monthly system (the old system), if they didn�t work and didn�t pay does, the next month they would have to pay dues times 2. We don�t make an adjustment on a weekly system. We have built a software system, instead of exchanging paperwork, you can transmit once a month � we download it - you plug in an amount � say 5 dollars a week.
MS: Why don�t you give us an example of your software and we can give it to our payroll system.
BP: Easier for the employer, deduct and remit.
JL: Can I just ask the question why you don�t want to deduct initiation fees?
MS: We just don�t feel it is appropriate for us to deduct initiation fees.
HK: Why isn�t it in appropriate?
MS: We just don�t want to do it. We will do dues check-off, not initiation fees check-off.
MS: missed one word on managements rights, add �subcontract�
BP: that is a big one.
Articles 3 and 4 we will talk about tomorrow.
Article 5 �
Some questions before we break
When is a contingent employee no longer a contingent employee �
When they have a regular schedule � or if they haven�t worked in a quarter
JL: An employee may request to become a contingent employee
We don�t hire contingent employees off the street.
If they become available and there is a schedule available they can come back as PT and FT.
Typically it doesn�t happen very often. Generally when people become contingent they are moving out of the store
BP: Only because the collective bargaining agreement will create some changes in structure of how you operate. I have some experience in health care where on call(contingent) picking up over a hundred hours �
JL: For us that would be a part-timer.
MS: Let me suggest something. I see your concern -that is not how we do this.
We would have no problem agreeing to a maximum number of hours with the exception of the holiday period or maybe summer vacations.
JL: If they are working on a regular weekly basis, they would be PT.
If a contingent goes a quarter without working at least 8 hours we terminate them.
There is a whole lot we have to do if someone becomes contingent, so we are not encouraging it.
BP: in 5.4 you have struck our proposal on the number of FT positions I see nothing to replace it.
MS: because we do not want to have a set number of anything. We want to retain the flexibility to staff the store with the right combination of people. Part-timers provide flexibility. The company has always been based primarily on full-time staff.
BP: WE have talked about the probationary period unless you have something else to cover.
Lunch break.
Resume 1:16 p.m.
BP: Article 9 Leaves of absence
60 work days
MS: 60 days seems to be an aweful lot of union leave time for a store this size. Are you looking at several for a few days?
BP: I can see taking one or two people out for a long period of time.
BP: I see only FMLA, there is no where you address a medical leave of absence
We will take care of that tomorrow
You also struck the language regarding returning to work after the leave (scheduling etc.)
Must be a line missing from management�s rights to discipline for just cause.
That is where I normally have it.
BP: I just haven�t seen it put into managements rights before
We agree that discipline is for just cause, we just don�t know where we are going to put it
One of the issues I have is that you have struck the issue of wage discrepancy claims � that hasn�t been our experience, we have had members
That wouldn�t even need the grievance procedure. If there was an error, informally we would say, we blew it, we�d fix it. If we made a mistake, we fix it. We go back and fix it.
With using the term �affectional� preference we would agree to 13.1
We need a definition of affection.
BH: we actually use this term in our grocery contracts.
BP: We are agreeable to a two-year contract.
On your article 4 (4.3) 35 hours worked in 4 or 5 days shall constitute a normal week�s work a FT schedule other than�
So what is a normal weeks work?
MS: Some of our employees want to work four days
BP: So it is 4 �9 hour days?
JL: It is variable based on the needs of the employee.
BP: The reason it became a discussion point is that when it gets down to the point where we need to be, is it 35 or 38?
JL: Our definition all along is 35.
When you hire a fulltime employee is that what you tell them?
MZ: a minimum of 35 hours.
BP: The reason we bring this up, is that the difference between 35 and 40 is a substantial amount of money. When you reach an agreement on the number of hours, that is the number of hours they own. And that is not what I am hearing
JL: That doesn�t mean that if we had payroll issues in the store we wouldn�t reduce them to 35 � we would not expect to reduce (Jason) from 38 to 35 to maintain benefits.
Our historical practice has been to reduce everyone to prevent layoffs.
We do not envision reducing hours, but that is our vision of how we address the reduction of hours
BP: We�ve talked about the grocery contract; a 40-hour contract is 40 hours. Once I start taking money from them as a representative and they have been at 40 for 20 years, and now they are reduced to 35- it reduces the relevance of seniority.
JL: I will tell you over the last 10 years FT/PT ratio has changed due to the labor market up until this last year. When the market was tougher to hire, often you could only find PTers. Yes, based on what you just stated we do come from different direction. In general we would reduce part-timers to some level and then full-time to some level.
BP: We are running a parallel track to what we are doing here � we now have a staff of 5 organizers. We think there are issues that come to the table that we see as issues to organize around. When we put stuff on the Internet, it does reflect what is happening here. The discussion we just had is the discussion we are going to organize around. We are trying to be as straightforward as we can. This isn�t a trick question to see how bad a corporation can be, because I don�t think you are a bad corporation. We just have workers who want to make some changes.
HK: Let me just respond to the issues of reductions Borders has continued to value all of its employees, just because an employee is full time it does not mean they are more valued than part-time. It has been a philosophical perspective that has served Borders and the employees well.
Clearly there is a subtext that is apparent-
It�s nice of you to say it values its part-time employees as much as its FT employees but
FT employees (jobs) should be valued more because we need to create better jobs as opposed to mediocre jobs as opposed to hours, benefits.
You make the argument that PT employees make the situation more fluid, and yes it does make it more difficult to schedule - but
We are here to say that the onus is on the employer to make the workplace a more livable environment. But, so be it, it must be done.
BP: The debate almost has to be held in a public venue. Our economy is never going to get rebuilt on the backs of $8 /hour jobs. We tried to come to the table without these things out here, we tried to bring things that work and that are in reach. Will you say hell no to stuff, yea, but we�ve heard that a lot our goal is to come out of here to make workers feel more secure and feel that being union had value.
Session 3
(These are the notes represent the discussions from the 01/010/03 session; it is intended to represent the conversation and discussion to the best of our ability, it is not a verbatim transcription).
For the Union:
Jason Evans: worker
Holly Krig: worker
Bill Pearson, President
Bernie Hesse, Organizer
Jennifer Christensen, Representative
For the Company:
Maria Zachman
Mark Shiffmann, Attorney at Law
James Lathrop, Director HR
BP: Just a note before we start - Under articles of agreement change �company� to �employer�
MS: I did check my notes I did missed a whole line in the managements rights clause: �transfer within store, demote and promote, discipline or discharge employees for just cause�.
BP: After negotiations, I like to get the committee�s perception of what went on. It is always revealing to hear the feed back from people who haven�t been involved in the process before. There has been initial disappointment in your response to articles 3,4,5. We will respond - some with counter proposals, some not.
There is some surprise that you rejected 3.B (workers rights). One of the things we have seen at borders is that you hire smart people who like customers, books (etc.) while there will be issues we bump heads over, it doesn�t mean that we can�t work together. We will continue to cling to some kind of structure, it doesn�t have to be the exact verbiage, including (the concepts in) B. Mark (Shiffmann) can continue saying it isn�t a mandatory subject of bargaining.
Article 3
3.A.) T.A. 01/10/03
3.B.) We will come back with language
3.C.) T.A. 01/10/03
3.D.) I need to know the structure,
MS: We post jobs throughout the company. As a company it is a very common practice for employees to move up beyond the individual store. There are lots of people at lots of stores with unusual backgrounds.
JE: Does borders take outside applications at the same time as postings?
JL: Yes, we may not recruit from out side but we do take applications.
BP: There is a concern that as a Union store it will exclude some employees from promotions.
You saw that we had included language for continuing education?
JL: We have in store training. There is also a Borders foundation scholarships are offered, now offered to a maximum of 25 per year. We have a third party decide, because it is a competitive scholarship. We are in the process of putting together the information for next year�s round.
BP: This wasn�t an obligation to put some kind of continuing education in play. We are interested in ensuring people aren�t excluded for promotional opportunities.
MS: You�ve given the classic example; the person driving the organizing drive was promoted to management.
BP:
3.E.) We will propose one day a year (for community service) and you will see that in our proposal when we come back.
Article 4.
4.1 (economic)
We spent some time talking about the 35-hour workweek. (4.3) It is foreign to me but it is common to Borders. You have created the opportunity to add to that week. But for a full timer that has, for a long period of time, worked more than the 35, to lose 2 hours when you are only making $9 per hour is significant. One reason that people join unions is so that seniority means something. We will come back with a proposal that as people work up through and get hours, they can retain them- by seniority.
4.2 is structural we will get to that when we get to economics
4.4.B we have contracts that have 4 tens (ten hour days), 3 twelves (twelve hour days) with no overtime. We will bring language. On a basic workday we will have the 8 hour days. In the settings where someone wants more hours in a day - whatever works for the employee works for us.
4.4.C I think we can work through this we were okay until you changed may to will.
4.5 we need to get more input from employees.
MS: I don�t think it is something we would normally schedule.
MZ: We work with the employee on that.
BP: The two consecutive days off actually made sense. Some people could have Tues/Wed off and have to work Sat/Sun.
When are your stores the busiest?
JL: In most store its weekends, then evenings, then days.
HK: Again the point of contention is that while it is true that while one person would like one weekend day and one weekday off others would prefer 5 consecutive days of work. People have different needs. I think there is room for both.
MS: You are going to have trouble with guarantees in scheduling. We do our best to meet the requests of our employees. This is one of those areas where if it ain�t broke don�t fix it.
BP: We will, as a fairly creative group, put together some language on this issue.
You struck (lined out) the line �shall normally be required to work more than two (2) night shifts��
MS: We do not want any guarantees. Store needs probably won�t change, but employee needs may. We don�t think this will benefit the employees.
BP: We will come back with a modification of that (proposal.)
Huge numbers of unemployment change the employer�s perspective on hiring. The contention at Sears today is that the goal is to get rid of the old-timers and hire a cheaper workforce. The economic work force is driving down wages and creating a worker surplus.
JL: Demographically in two or three years we will be in the situation where we will be hiring � after the baby boomers retire.
BP: I think that the boomers will be looking for jobs in places like borders.
JL: I have one comment to that, again, I think it is something we don�t appear to do. Again, it is the Sears employees who have that complaint. This is a two-year contract, why do we need to address that if we are not doing it?
BP: Again, I am not suggesting that you do, I just negotiate for (those issues)
4.5. 2nd paragraph T.A. 01/10/03 10:47 a.m.
4.5 3rd paragraph - We need to work through some other language
4.6 T.A. 10:48 01/10/03
4.7 T.A. 10:49 01/10/03 first paragraph
5:1 T.A. 10:59 01/10/03
BP: 5:2 I need to understand if they are reduced in hours do they maintain their full time status?
JL: If you average over 35 in 12 weeks
MS: Once they�ve worked PT for 12 weeks, it affects benefits.
BP: so the employee still maintains recall rights?
MS: Yes, only there benefits are efected
BP: The way you described contingent employees yesterday was more palatable.
If you started with �employees who do not work on a weekly basis..�
MS: Do you want to suggest language? This may be a place to use �normally� - they may work weekly during the holidays
BP: Here is what I am saying. It is Christmas, I am out of school for four weeks. I am a part-timer working limited hours and they say I want hours and you say no I am goin to give them to a temp. seasonal, what we are saying is that
MS: With respect to the temp seasonal, the only time we would hire a temp seasonal instead of giving them to a pt. Is if we didn�t know about their availability. Why?
BP: I don�t know. That is why I don�t think the language is so damming (5.3).
JL: Our concern is if we schedule people more than 35 hours, we run into the issue of unscheduled overtime.
BP: The need to fix unscheduled overtime has resulted in scheduling people less than 40 hours. When a worker suddenly loses hours it has an effect. Now if every day they were schedule 38 and every day they get 20 minutes, they�d make it up.
MS: It (over-time) is under control now.
BP: But it is at the cost of two hours of work.
JL: Well, even unscheduled hours are an uncontrolled/unbudgeted time. What we have done is make sure it doesn�t go into overtime. Obviously there are cases where it does.
MS: Take a crack at some language.
BP:
6.1 I will come back with a counter
6.2 I have a note that says no. Oh, no wonder I wrote this so big. We are really interested in seniority meaning something. I am not interested in negotiating over management determining who is qualified. This is going to be a big issue.
MS: Our position is that we want someone who is more qualified. If they were equally qualified, we would take the most senior.
BP: How do you determine the most qualified bookseller?
JL: Well you could have performance and disciplinary issues-
MS: It is much more an issue when you are looking at different functions, when you have cafes and music. It is not an issue here.
BP: We have that situation in the grocery stores with department heads, where being promoted to that positions is at the discretion of management. I have this debate all the time. For a person to be in a critical position you have a right.
MS: Supervisors are the only positions you can bid up to. If you want full time you ask for it, if the hours are there you get it.
BP: Then the discussion becomes, what if two people want fulltime � two people � you�ve got to wait until there are hours, but who gets it?
MZ: I would look at their performance record.
BP: That is the answer then for why we are proposing language.
BP:
6.3 We agree with your change but we are not sure what the classifications are going to be. You said within classifications.
MS: I think we talked about it yesterday-
I will put down T.A. 1/10/03 pending classifications
B.P.
T.A. 6.3 1/10/03 01/10/03 11:27
T.A. 6.4 (pending agreement on 6.2) 01/10/03 11:28
T.A. 6.5 okay but we still don�t have the classifications. T.A. 01/10/31 11:31
Article 9 I am just leaving open now.
Article 10 I am okay with E going into C
But I am going to add back in the sentence you struck in E.
MS: I think you need a few other words. It should really say �not withstanding� are you going to provide language?
BP: You are going to clean it (Article 10) up, why don�t you take a whack at it.
Maybe we can get rid of a �letter" here
T.A. 10.3 � 10.6) 01/10/03 11:34
BP: Health insurance � we were trying to figure out how much people were paying.
JL: I believe it is broken out on their checks.
I believe it is spread over the twenty-six payperiods
MS: We have given you the employees� share.
BP: I haven�t seen that
MS: The total cost is what we don�t know yet. I thought we had given you the employee cost. If not, I apologize.
BP: In our Health Care Plan, insurance is also on the part-timers. By the time we factor in the employers costs, often the cost is cheaper even with the inclusion of the part-timers than what the employers pay themselves.
MS: The part-timers only have coverage on themselves?
BP: Yes.
That is about it. What do you think we should do from here?
MS: You haven�t really given us a proposal yet.
BP: Well I can�t until I have a chance to look at all of this.
MS: Then we are done.
BP: As I said, I expected to be done early today. We will meet at 9:30 next Thursday (January 16, 2003).
Session 5
(These are the notes represent the discussions from the 01/17/03 session; it is intended to represent the conversation and discussion to the best of our ability, it is not a verbatim transcription).
For the Union:
Jason Evans: worker
Simone Menier: worker
Bill Pearson, President
Bernie Hesse, Organizer
Jennifer Christensen, Representative
For the Company:
Maria Zachman, Store Manager
Mark Shiffmann, Attorney at Law
James Lathrop, Director HR
Loni Kellett, Interim Dist. Mgr
MS: let me tell you what I have done. I have identified the open issues. A few of these we owe you a response a few of them you owe us a response.
BP: I like working with attorneys who are detailed oriented.
MS: there are a few of the things I have identified.
BP: I didn�t have a clue where we would go on this today.
MS: 1.2 union security.
BP: if you don�t mention it it is agreed to?
MS: (the following are open issues)
1.2 I have cross-referenced this with 6.2
1.3 we agree to dues check off and not deducting initiation fees
Article 2
3B, 3E, 4.3,4.4 (open)
4.4.C � if we use will, but we are sensitive to your concern, we would a sentence, �the employer will be cogniscent of other employee obligations in the event of unscheduled overtime�. We currently have the right to make people stay over time, since Maria has been manager we never have.
4.5 three paragraphs open
4.7 B & C
6.1 probationary period
5.4 and 5.6 (Union proposal)
6.2
9.1 & 9.6 awaiting response
9.2 we counter with 5 days.
New 9.7 the employer agrees to comply with all federal, state and local laws governing medical leaves.
Article 14 no strike clause.
And why don�t you Bill continue to go through and note any others
BP: need to renumber article 10 � 10.3 becomes 10.2
MS: in the final copy it will be renumbered.
BP: Let�s break, we will talk with the committee
+++++
BP: section 1.2 - 60days probation, one, I want holly to see it and also it has an impact on other negotiations around the country. Form a practical standpoint I am less concerned about longer probationary periods than some unions.
Temporary employees, you are not suggesting another probationary period if they become regular employees?
SM: Tell us what you want.
JL: the date of hire becomes an issue
BP: Do you ever move someone from temp/seasonal to regular?
MS: It probably makes sense that the seniority date starts on the date of the status change.
JL: However many days they worked as a temp would count as a probationary period.
MS: I don�t know if you can require them under the law to join the union at that point.
JC: I will call the NLRB for the answer.
BP: no, we don�t agree with subcontracting, if you said to us tomorrow that you were going to subcontract out the cashiering-
MS: but why would you?
BP: we are still in disagreement with 1.3, Article 2, 3B, 3E, 4.3, 4.4, 4.4.C, 4.5
BP: TA 5.4 (with the addition of 5.5)
6.1 works in conjunction with 1.2 and we will respond.
6.2 still in disagreement on.
Article 9 � 9.1 let me bundle this � this is not where it belongs
MS: 9.1, 9.6, 9.7 are all the same
BP: I would like to see personal leave of absence to be 60 days.
And anyone accepting management non-union position�
MS: We do not want anyone to take a leave of absence � to take a management job.
The idea of someone taking a leave �while still working for us - and giving them the opportunity to return to the unit without loss of seniority �
BP: Where would you say that?
MS: - In the seniority article. They are two completely different articles.
Are you suggesting a 60-day leave? They would be more likely to be granted a leave with our language with the thirty days and an extension.
BP: We will talk about that.
And if a person worked for you for 9 months and broke their leg you wouldn�t give them a leave?
MS: If they were off for four months they could then reapply for their job. If they were off for 10 days it would be an informal schedule adjustment.
BP: And given that response I guess 9.6 will stay open.
MS: How would you expect me to respond? What would you expect me to do?
We are saying we would give them a leave after they reach the one-year threshold (FMLA). There are criteria, what would you use?
BP: After they complete their probation they would be eligible for a medical leave.
9.7 we can agree to and article 14 we can agree to.
MS: I think that�s everything. Why don�t you talk about the leave of absence and why don�t you talk about the seniority language. Come and get us when you are ready.
Break
BP: Under 6.5 � taking your lead I created another bullet
MS: Employees failure to return to his/her unit position after 60 days after accepting a non-unit position.
BP: Let�s think about it. We recognize that sometimes people are unsure, you don�t want to discourage it.
MS: We will keep this as a �ponder issue�
While you ponder this I will give you something for 6.1 if you feel it is appropriate to use 60 to try a management or new position, shouldn�t we at least have the same opportunity to decide on a new employee? Just trying to use the same logic.
BP: On article 9 � Providing such leave is for reasonable purpose and shall not interfere with the operation of the business
MS: If someone wants to take a leave during the holidays, we would say no, if in February and we still have a seasonal temp, it would be much more likely.
BP: The sense from this side of the table is that it should be �shall.�
FMLA is 1250 to qualify. So, what about an employee who has been with you for ten years and only work 1000 hours a year are you saying they don�t meet the requirement for a leave?
JL: It is one year and 1250 hours
MS: Yes we are saying we are not obligated to give them a leave. They probably would be given one.
JL: They could take it as a personal leave.
MS: They may be eligible for one.
BP: So that ��is what you are saying.
Dates?
February 7 and 20
BP: So on the 20th we will have some language to bring back.
MS: We will have some economic language.
Bye-
UFCW 789 and Borders Inc. (BINC)
Former first lady, Nancy Reagan would be beaming. Her most famous words were the theme repeated at UFCW Local 789 contract talks with Borders Inc. Her anti-drug message, "JUST SAY NO," was stated ad naseum.
In an effort to be fair (love that term), things weren't quite that bad. Agreement was reached on all kinds of minor contract language. Hate to minimize, but the important stuff was left in dispute.
Specifically, we have been unable to resolve seniority, job protections, subcontracting, scheduling, overtime and medical leaves of absence. The employer even rejected an offer to increase store level employee participation seems like we may be on a different page on these items.
After the five sessions, we are at the proverbial end of our language rope. We have agreed the next session will include economic issues, though not wages. This should prove very interesting given the Union's proposal for all the workers at the store to be included in Local 789 and Grocery Employers Health and Welfare Trust Fund.
As strange as this may sound, negotiations are proceeding exactly as we planned. Border's is following the same game plan used six years ago. We had anticipated it, planned for it and have developed a strategy to counter it. It is significant to note: "WE AREN'T INTERESTED IN GETTING A BAD SETTLEMENT, JUST SO WE COULD SAY WE HAVE A CONTRACT." We expect talks to go on for months, with all kind's of strange happenings and unique events occurring as we weave our way to a fair (there's that word again) settlement.
Our next scheduled talks are February 7, 2002 and February 20, 2002, perfect for our time lines.
In solidarity,
William G. Pearson
Jennifer Christensen
Bernie Hesse
Jason Evans
Holly Krig
Simone Menier
Session 6
(These are the notes represent the discussions from the 02/07/03 session; it is intended to represent the conversation and discussion to the best of our ability, it is not a verbatim transcription).
For the Union:
Holly Krig: worker
Jason Evans: worker
Simone Menier: worker
Bill Pearson, President
Bernie Hesse, Organizer
Jennifer Christensen, Representative
For the Company:
Maria Zachman, Store Manager
Mark Shiffmann, Attorney at Law
James Lathrop, Director HR
MS: We have an annual wage and benefit change that occurs each year and the changes are effective the 1st of April. What I have here is a letter with the open enrollment packet, also a memo we are suggesting be used to distribute the pkt. To the employees. There is one change in coverage. We currently have 100% coverage, we are changing that to 90/10. 100% is highly unusual, as is 90%, the union has 80% coverage. We are also asking the employees to increase
Current single $50 new: $57
E +1 $140 $160
Family $165 $185
There are changes in stock option grant. Currently issued quarterly, will be changed to annually �
JL: Used to be one grant per employee at a given quarter � now all on the same date
MS: Now need to be employees for two years. Employees who have received grants � with less than 2 years experience, they will have to wait until they have two years to get further options - limited to 50 options per year. We do a merit based wage adjustment. Pool established in the store. Based on management evaluations, the average wage increase would be equal to the pool. The pool is 3 � % increase.
Open enrollment is now February, that will be extended for these employees so they have four weeks. We also understand that all of these issues are subject to negotiations.
What we think the based way to go about this is to inform the employees of these changes. What I have is a copy of the memo and the packet.
What we are willing to do with respect to this store, instead of giving the excellent performer more and the lesser performer less, we are willing to give everyone the average, with exception of the very poor performer who is on the verge of being discharged, and I haven�t even discussed this with Maria, we would give them the increase.
BP: The 100% isn�t on everything?
JL: $150 on emergency room. Doctor�s visits not effected. $1000 per individual, $3000 for family. Hospital visits have co-pay and deductible. What we did was to try and keep overall percentage contribution at the same breakdown as it was before.
BP: For the cost that you had passed on to you� And this is in all the stores now?
MS: The benefits package is in the stores now.
BP: Are we going to get the actual costs of these plans?
JL: I have a call in we should be able to verify it today.
MS: In respect to your plan, you have one rate for single +1 and family?
BP: Yes, there is a different rate for PT coverage, but the rate is the rate is the rate. Do you have the breakdowns for this store?
JL: Everybody in this store is single coverage.
BP: You must have dental tacked on?
JL: However none of those changed.
MS: We provide a certain level of life insurance and disability coverage; the employees have the option of picking up extra.
If you could by the next time, new list of current employees and their wage rates, it is my understanding that the �seasonals� stayed on.
MS: Okay.
Break�
Resume 10:56
BP: I had Sam and Vicki on the phone from 876, Sam�s immediate reaction�was it the same letter?
MS: virtually identical
BP: I told them what you said over the table � I think from our perspective, put it in the stores, I have no sense that we will be done by April 1st. This isn�t about me, I am more concerned about what people in the store feel about the package. What they think is more important than what I think �
The one issue that we had a discussion about, was that Sam said the wage package was tied to the benefit package - ?
MS: again they are tied together - assuming we haven�t reached an agreement; we will implement them both. The thing I didn�t say to Sam was that we were going to give the 31/2 %. We have only interacted with them once. Vicki�s reaction has been atypical.
BP: are you saying to know you is to love you?
Are you saying if you don�t implement the wages you won�t implement the healthcare?
MS: we think what we said � is we are going ahead, subject to negotiations.
We are either going to implement it all or nothing.
BP: if the wage isn�t there is the benefit not there?
MS: the only way we could not implement it is to implement it and back it all out.
If we didn�t implement the health insurance, she�d have to pay the $10 and we would have to reimburse the $10.
BP: if you have a high utilizations person it could cost more.
That is why I asked you how many people you had on family because it could be much more expensive.
MS: I think it is the corporate norm to have everyone on single. We will get that in the hands of the employees by next week.
BP: then I can give you an official answer next week.
MS: Our next agenda item�
We were going to go through some language stuff�
I�ve (Katie has) updated language..
JE: can I ask about wage pool-
Does it include managers?
JL: They are still in a three and a half percent pool � but it is a different pool.
MS: I did check with Maria, there is not anyone in a disciplinary situation. If that is your preference we would distribute it evenly.
BP: did you preclude someone?
MS: The only people who would not be included are the milestone people.
JE: and the mile stones?
JL: those are preset.
BP: do contingents participate in the pool?
JL: I�ll have to check, I think so, but because they work very few hours it doesn�t really effect the pool.
MS:
HK: You had mentioned previously that if there were various levels of achievements that some would receive higher or lower percentages � if everyone were exemplary they would receive the 3.5%
MS: that�s right
HS: but if there was an exemplary employee at another store and someone who was not performing at the same level, the person with a high level of achievement could receive a 5% increase (even if they were performing at the same level as the exemplary employees in the other store)
JL: the regional director could make an exception.
HK: so there could be exceptions
MS: there were language pieces we had to go over.
BP: the probationary language will not be something that will hold this back, but I am not prepared to move on it yet.
MS: why don�t we just go through the language and see where we are and where we are not.
BP: 1.3 you were going to get back to us on payroll systems-
JL: we are prepared to do that
MS: the only other thing is the initiation fees and we are not prepared to move on that.
BP: I have a way around that � it matters to you.
MS: do we pay weekly or biweekly
JL: biweekly
MS: from each paycheck � is that all right?
BP: yes.
MS: managemen�s rights?
BP: the issue is the sub contraction and I am not sure that will change from our position.
MS: article 3 open on Paragraph B & E
BP: as we float these on the internet, these are proposals that make a lot of sense to people - as well as to people in the stores. The one that I got a lot of crap about was dropping the education piece � so those are still open.
Here is some new language on article 4- (see attached)
MS: is this in lieu of all of 4.4 C?
BP: this would replace all of this.
We deal with known overtime in 4.4B, so this would be in an emergency.
MS: I don�t like using the word overtime. I don�t want to argue over what emergency means, lets define it as daily over-time (as opposed to scheduled over-time). We are thinking the same here, we are really talking about a last minute need for overtime.
BP: if you are following BordersUnion.com, there has been a forum on hours being cut across the country. I am just trying to get something on the table.
MS: We need to clean up the language � and we had said and that the employer agrees (to working less the minimum � employee preference and employer agreement).
Changing the second sentence �in the event the employer doesn�t have hours available the least senior employee will be reduced in hours.
MS: on 4.7C I am really struggling with that one.
The question is once you�ve decided you�ve wanted it you request it. Once hours are there, they are there, unless hours need to be reduced.
BP: for example, when do you post the schedule?
MZ: when do you post the schedule � two weeks out
If there was an open shift on a Saturday that needed to be filled, you would just have it for that day.
BP: if a new person asks first �even though I was the senior person and I wanted it, I would get it.
Under our system would the same thing be accomplishable, by using the first come first serve system, by leaving a note or voicemail. I think that accomplishes the same thing without creating a new system.
MZ: We schedule based on what is in you file, you would need to let us know. We use availability forms, several times a year.
JL: if what you are saying is four people request more hours and you want the hours to go to the most senior, we don�t have a problem with that.
MS: we just want the onus to be on the employee to request more hours.
JL: the only other factor, that isn�t an issue in this store, is that if you had a caf�, the person would have to be able to do the job.
BP: Well, we�ll talk.
You currently use an availability form and you are willing to follow the hours by seniority.
JL: If we have the availability and there are working hours and they want more or less hours, they have to tell Maria. If there are four people who want more hours t
HK: I think we want a guarantee that that would happen.
JL: we aren�t saying that we can�t come to an agreement on language.
What we are talking about isn�t first come.
MS: we don�t want a less senior employee to be granted requested hours and then have a more senior employee take them.
JC: you mean you don�t want bumping �
MS: right. Article 5-
BP: where you have an incentive to hire more part-time people, then there is a greater need for hours protection for full-time. I have just marked it open in our book pending future discussions. The other economic features are critical
MS- Article 6 is the probationary piece..
BP: 6.2 this is one of those we will continue to disagree with.
MS: this is an area that is clearly subjective. If we have a three-month book seller with 10 years experience in a position and a 6 month book seller with no previous experience � we want to promote the 3 month person. You can grieve it under the grievance procedure and make us prove it.
BP: I hate arbitration with a passion. Here is a scenario a 2-year employee waiting to be full-time. Guy from Barnes and Nobel leaves to do something else, comes to work for you �
MS: He might be more entitled to, but we want the most qualified.
That is really all that is open in six. Let me through out a few concepts in six (maybe it�s four) but I threw them in 6. We discussed with you peoples concerns to get more hours based on seniority, as well as your concerns that they get laid off by seniority. We reduce and award hours across the board. Here is a supposal � another section, for temporary reductions of hours, for a duration of a couple of hours, we would follow a different procedure than permanent layoff, we would reduce part-time by seniority and then full-time by seniority.
BP: what you typically find out is that your long service employees are full-timers and your longer service people are full-time �
MS: that is not necessarily true in this store; we have some long service part-timers.
BP: we have this scenario in some of our contracts; we will talk about this conceptually. What we always do is talk about this conceptually.
MS: the other from our perspective. Hourly supervisors cannot be included in that scenario. They have opening and closing responsibilities. We would exempt the hourly supervisors. They would have super-seniority, because they are in a different classification. If we got rid of all the part-timers, then we would reassign the employees by inverse seniority to fill the scheduled shifts.
MS:
Insurance Total 2002 Cost: 166
493
541
Increases are based off of these costs and projected increases.
BP: What percentage of employees take stop options?
JL: Everyone
JE: Full-time
JE: Full-time
BP: if you want to put some language to together about short term-layoffs, we are interested in that. For example, in nursing home we have the ability to offer to give up hours to keep someone from being laid off.
MS: you could have a probationary Full-timer laid off after a long term part-timer.
In this store, if we have a FT probationary it is because the Part-timers don�t want to be full-timers.
BP: in 6.5 � We had talked about the person that goes up to supervisor, I think it works the way you suggested it. I thought what you had said �failure to return to the unit within 60 days after accepting a non-unit position�
And there are pieces of the proposal missing-
MS: that is because they are economic, or I have language to give you.
In an effort to resolve as much language as possible �
The dues and initiation � they are really stand alone �
BP: I can�t because I want to do this in conjunction with Anne Arbor-
MS: Well if you saw their proposal you would know that you are not.
BP: I haven�t seen their proposal, but I have heard of it. I do not want to make any decisions that make it more difficult for them to negotiate a contract.
MS: Here, their proposal is truly off the wall.
BP: sub-contract what was your answer � it is not an issue here but it is in other places.
If we get through everything else, some of it is not as relelvant to me.
I was always a fan of moodys book, An Injury to One is An Injury to All.
Probably not a big seller in your stores.
MS: Probably not now. Unsually when they come out, they are big sellers then they are put on the shelves.
(revisions of language for employers proposal from 1/17/03 distributed to union committee)
-In Article 7 what we have addressed is the language surrounding, not the actual days.
-Article 8 We do PTO on a plan year, not on a fiscal year. So in 8.3 you will see that explained. This is all current processes.
BP: you are proposing a black-out-
MS: if you are going to your sisters wedding we will probably say yes.
If you are going to your neighbors Christmas party we would say no.
BP: So part-timers don�t earn?
JL: No, part-timers don�t earn any personal time off
BP: So I work 34 hours and I don�t get any personal time off?
JC: You earn as you accrue?
MS: Yes.
JL: but you can take it in advance of your accrue. You would accrue at rate that would get you to eight hours.
JC: so you would have a negative balance show up on your check stub?
JL: yes and you would accrue up to that.
In your first year, you have a roll over because you can�t use any vacation for the first 6 months so we allow the employee to carry over until April.
BP: So the only way I can roll over my vacation is to get the approval from the regional director.
JL: generally the only time we do exceptions is when it is for a business reason, like a store remodel.
BP: so let me be clear, part-timers get nothing.
JL: no.
BP: no sick time. No vacation (personal) time. No holiday pay.
MS: no they get holiday pay, 4 hours.
MS: Section 9 - We should change inducted into the military service to enter; I just noticed that as I was sitting here.
BP: So let me clarify, your are only looking at those who qualify under FMLA-
MS: or ADA�
BP: 9.6 - from a clarification stand point you mean after 1 year, 1250 hours-
If I am reading this literally, it says an additional leave may be granted. It is not an automatic. I could potentially be fired.
MS: no it says we may grant you an extended leave if we choose.
12.6 should read stock option plan.
BP: Let�s just put it all on the table.
I have spent a lot of time reviewing the history of negotiations � if the goal is to have the company handbook and taking union dues, I have no interested in that. Paying union dues or percapita tax is not important. Having a contract I can ratify is. Look, we are trying to be creative and realistic here, but I have no interested in the company handbook. You make it too easy for me. When I say part-timers don�t get anything, and maybe you don�t care. We will put a spot light on these negotiations.
In looking at the things going around the country � in looking at the circuit city people, what can we do since commission sales just got taken away from us-
When people finally get angry and explode, it is our job to help it explode.
The employee group, the bus pass issue � I thought your comment was interesting, I think you said she was a little brusque � I can be an Ass-hole, I do this for a living. From what I know of Jim, at least from the e-mails he can be. When I say you make it easy for me, I don�t say that happily. I give you an example, the initial reaction from the attorney was to tell him to go to hell, and we will file charges �
I don�t need to run off to the board � Mark knows how to play the board as well as anyone.
I want it in the store, I want people to see that it is a benefit cut. The mix in the store has change, again, I do the math on everything. If the cost on your full-timer is the same as your cost on a part-timer -
January 20, 2003
Aren't you even just a little curious why you are getting a letter or an e-mail from UFCW Local 789? Here's the answer; you've been identified as someone who may be a party in interest regarding the contract talks between Borders Inc. (BINC) and UFCW Local 789. These negotiations began in December and will be going on for months to come.
The list is fairly long. On it are workers from store #27, and also around the country. There is approximately fifty (50) labor/business reporters in the US. Our media contacts swell to about one hundred (100) when we add other medium beyond newspapers. To help the financial experts stay in touch, we've built a pretty solid group of retail analysts. Not wanting to forget the mutual funds, we've found a number of fund managers who hold Borders stock.
Last but certainly not least is the Borders Board of Directors and Officers. Ultimately, we believe it is within their capacity to insure a fair settlement is reached.
I feel it is important to mention every communication we send (not your names) is posted on the BordersUnion.com website. Please feel free to visit, I think you will be impressed by the total transparency of these negotiations.
If you have any questions or concerns or you wish to be removed from receiving this information, you can reach me at 651-451-6240 or e-mail me at UFCW789@UFCW789.org.
Thank you for taking an interest in this process to attain a "fair" contract for Borders workers.
Sincerely,
Bill Pearson
President
UFCW Local 789
WGP/gf
Opeiu #12
Session 7
(These are the notes represent the discussions from the 02/20/03 session; it is intended to represent the conversation and discussion to the best of our ability, it is not a verbatim transcription).
For the Union:
Jason Evans: worker
Simone Menier: worker
Holly Krig, worker
Bill Pearson, President
Bernie Hesse, Organizer
Jennifer Christensen, Representative
For the Company:
Maria Zachman, Store Manager
Mark Shiffmann, Attorney at Law
James Lathrop, Director HR
-Union Response to the Employer Proposals from 2/7/03
comments on the proposal as it is presented to the employer�..
BP: Have you brought us stuff?
You were going to bring us wage rates?
MZ: I sent it to you (JL & MS).
BP: Can you fax it to me?
Are you self-insured?
I have been sitting here looking at the numbers � are those actual costs?
JL: Yes.
JL: Yes, it is based on last years� utilization
BP: So what you are getting is adverse selection for single plus one and only those needing it are purchasing
I will give you responses to your proposals from last time-
MS: Starting with article 7?
BP: Yes �
7.1 Holding
7.2 Okay to the hours, but does the language preclude some on funeral leave?
MS: no, nor does it include jury duty leave � add, �Except bereavement leave or jury duty leave will disqualify an otherwise eligible employee from receiving holiday pay.�
BP:
7.3 We like our language
7.4Is this an economic item or are you saying no?
MS: We are saying no because we don�t do that nor do we wish to
BP:
Article 8
We prefer our proposal to yours, but we aren�t wedded to it. For us to look at your language, we need these things to happen:
1)Part-time need to be included in PTO and vacations
2)When an employee takes/uses a personal day there should be no point charged to them at any time.
3)Reduced black out dates, still allowing some employees to take vacation.
4)Any employee who quits or is termed is entitled to all vacation/PTO pay. (Even with probable cause or just termination - i.e. theft of a three-dollar magazine does not mean the employee should lose hundreds of dollars of [awarded] vacation benefits � as well as being terminated.
5)Employees who have remaining vacation shall not lose it, but they will be cashed out.
BP:
Article 9
9.1 Does this cover employees who are off and working for the Union in 9.2?
MS: does not apply to working for the union or for the government as in military service.
BP:
9.2 Modify to thirty (30) working days each calendar year
MS: so you don�t have a problem with 9.1 just 9.2?
BP: yes
JL: so we have a TA? (tentative agreement)
BP: yes
9.3 Add Employees who need additional time off (up to one week) without pay, may request and shall receive it (this language is added to funeral leave).
9.4 We can agree with the employer�s proposal if part-time employees are added back in � of course then we would need accompanying language that figured out how many hours.
9.6We prefer our language, yours is problematical because you exclude employees and the limit is 12 weeks
MS: you mean those that are exclude who haven�t yet qualified for FMLA.
BP: Some long term employees may never qualify for leave under FMLA because they don�t work enough hours per week.
JL: They would be able to request those leaves under personal leaves.
JC: no guarantee though.
JL: true
MS: Is there any question that our plan has better coverage?
BP: No I wouldn�t categorically agree to it
Better value is always in the eye of the beholder.
Is it a better value for employees�.
MS: Yours is a better value for employees because they don�t have to pay for it.
BP: First off on your plan he pays 700-
MS: To put the plans on equal footing � lets assume that the costs are the same (even if they are not) �
BP: ours includes dental, life, eye care, disability so they are not buying all those tack ons. So when we are talking about the value of the plan � I know that nobody in this store buys family coverage or single + one and there is a reason. In this there is always the question of who is buying what? The cost to the employer is 1.80/hour the value to the employees is .75 /hour. This is the reality of the economics. In the end, if no one can afford to buy the insurance � what value is it?
MS: people make choices. People in this store made choices. I don�t know if people in this store have families or domestic partners. If two people in a family are both eligible for insurance, if they are smart, they chose the one that�s better. People today make choices on insurance cost and with the co-pays throughout everywhere, employees are making those calculations.
If those two plans are on the shelf you don�t agree our plan is better? If you take out the cost of the plan.....
BP: If you compare just the amount for $307 � (cost to the employer) the employee gets family coverage, eye care, dental, life insurance�.
MS the total cost of what our employees have opted for is $166
(single coverage)� what we would be doing is subsidizing the people who chose family coverage and for those who chose the family coverage in your local. If we were to provide a benefit and purchase the coverage from you, where does the money go? The extra dollars would be going to subsidies other people in their plan?
BP: I am confused? How is this subsidizing others? Let�s say Holly gets married to someone with 10 kids- it is still $307. I�ll admit you guys are better than Wal-Mart - they have capped their major med at 35,000 per year. But these negotiations are still going to be about what workers are worth.
JL: you can�t try and negotiate a contract for Wal-Mart here. We are negotiating for our own store.
BP: No you are trying to give us the employee handbook
I didn�t go outside our jurisdiction just to organize 20 people. This campaign is about what workers are worth. And I will print it in every magazine and every newspaper �
JL: you�ve told us that before.
BP: Let�s finish this.
9.7Agreed
Article 12
12.1 We believe the health care plan offered by the Union is a far better value and will give everyone coverage in the store.
12.2 the Union plan is different than proposed.
12.3 unnecessary with Union insurance
12.4 employer pays all costs
12.5 okay � TA 10:06
12.6 okay � TA 10:06
12.7 We believe having the Bus Pass Purchase Plan as proposed by the Union to be valuable for both company and the employee.
MS: let me just ask last week we discussed the implementation of the wage and healthcare changes subject to changes we make here.
BP: Yes that is fine.
MS: here is some new language to consider-
Unlike a lay off � this is where you are coming back to work-
New 6.6
Temporary Reduction in Hours (anticipated duration of less than thirteen weeks).
(a)If the employer determines that the number of scheduled-employee hours are to be reduced, the reduction in hours shall occur in the following order:
1.No contingent employees shall be scheduled.
2.No temporary/seasonal employees shall be scheduled.
3.Part-time employees in inverse order of seniority.
4.Full-time employees in inverse order of seniority.
(b)Hourly supervisors shall not be impacted by hour reductions unless the employer determines that it needs fewer hourly supervisors. In such event, the hourly supervisors shall have their hours reduced in inverse order of seniority.
(c)In the event of hour reductions, the parties recognize that schedules of more senior employees may have to be modified in order to provide store coverage. Scheduled changes will be determined in inverse order of seniority. Employees affected may trade shifts with other employees provided they follow the shift-trading procedures described in Article 4.5.
(d)Notwithstanding the provision of 6.6 (a), (b) and (c), in the event of a temporary reduction in hours of one week or less, the store manager shall accomplish the reduction in the most practicable manner.
Response to Union�s Proposal
4.4 C. If the Employer has a last-minute need for overtime, the Employer shall first solicit volunteers from employees currently at the store. If no one volunteers, the Employer may assign the least senior employee to stay. The Employer will be cognizant of an employee�s other obligations.
4.7 B. Part-time employees shall normally be assigned a schedule of a minimum of 12 hours per week unless they request fewer hours and the Employer agrees. In the event the Employer does not have sufficient hours available, the least senior part-time employee will be reduced in hours and the remaining employees may be reassigned to other schedules to meet the store�s needs. (FOR DISCUSSION PURPOSES ONLY).
Break-
BP: I think we should involve the Federal Mediators in this process.
MS: let�s pick some dates and then we will see when she (the mediator) is available.
BP: all right �
We talked, we can agree to the 7.2 with the added language.
And the new language you gave with the two sections, we think it looks good but we don�t want to make a decision until the rest of the workers have a chance to look at it.
MS: I will start with your five points on article 8
Our part-timers are part-timers because they choose to be and we are not in a position to offer them (these benefits).
We provide a comprehensive package to our full-timers - if the part-timers want the benefits, they can be full time. Each store matches payroll hours to staff. Part-timers don�t choose to work all of the hours the store is open.
(re: missing work) We understand that there are things outside the employee�s control. The fact that you are being paid for the day doesn�t take away the inconvenience for the employer.
(re: vacations) We do consider and we will continue to consider the employees exceptional needs during the black out period and we will try to accommodate. All of the staff in the store know that the last 6 weeks in the store are important (for sales). We have a small staff in the store - that is not something we can agree to.
You can cross off �or is discharged for any reason other than dishonesty� � (on 8.3)
We do want people to take their vacation. The managers in the store monitor vacation and tell employees they better use it or loss it. People haven�t lost vacation. Employees monitor this fairly closely.
9.2 we will modify our response and max 10 cumulative days for union leave � we don�t feel it is our responsibility to provide a labor pool for the union.
9.4 we are not going to agree, 9.6 we are holding to our positions.
12.1 we think our plan is superior plan benefit wise and is cheaper for our store � even though it is single coverage.
12.7 (re: bus passes) we feel it is the employee�s responsibility to get to work. It is not up to us.
Are we done?
BP: Yes.
Session 8
(These are the notes represent the discussions from the 03/11/03 session; it is intended to represent the conversation and discussion to the best of our ability, it is not a verbatim transcription).
For the Union:
Jason Evans: worker
Simone Menier: worker
Holly Krig, worker
Bill Pearson, President
Don Seaquist, Secretary/Treasurer
Bernie Hesse, Organizer
Jennifer Christensen, Representative
For the Company:
Maria Zachman, Store Manager
Mark Shiffmann, Attorney at Law
James Lathrop, Director HR
FMCS Mediator
+ + + + + + + +
MS: Open issues-
Updated packet of information presented to all by management.
There are a number of areas that could result in language being resolved. Why don�t I run through it �
BP: If I see something I disagree with I will jump in�.
(MS read quickly through updated information, revised agreement and proposed language �see proposal).
BP: Term of agreement is open but we have conceptually agreed to 2 years.
MS: The company does an annual wage and benefit adjustment in April we have reached an agreement to implement that subject to what we agree to. The only thing that is different is that instead of an individual merit increase, we will give the average to all employees (unless someone is in a disciplinary situation and no one is).
BP: We were going to get you the new wage rates �
MS: we were deficient; we will have those to you by the first break.
BREAK � 10:06
BP: Working from your document. Article 1 section 1.2.
If we change that to read that on the �61st day following the execution of this agreement..�
MS: That becomes T.A.
What about 1.3?
BP: no.
Article 2 if you take out �subcontract� we can live with it.
MS: I thought you said it wasn�t a concern for you.
BP: I said it was less of a concern because you didn�t have a caf�, but there are other things that can be subcontracted. When the economy goes soft, you can always find people to work for less.
4.4 C if the employer shall have a last minute need�change �cognizant� to �respect�
MS: If we go to the least senior employee and the employee says they have a date, we would probably make them work.. if an employee had a more compelling reason like picking up their children from daycare or had a school function, there would be some discretion involved.
BP: I think we feel the same.
MS: That is one we need to get back to you on.
In 4.4 C we would still have�look at the above language, you had added your proposal, it wasn�t to replace it?
BP: As I read it I see it replacing 4.4C
4.7B your latest draft at the bottom we can agree to that. Just a note, 4.7C is open.
5.6 this will be an issue that sits there through much of the negotiations. 10 FT 9PT is a little bit lower than what you used to have one of the issues on the table is the cost of the PT employer when they have no health ins. No vacation. Etc. The tendency for employers in tough economic times is to hire more PT workers. This will continue to be an issue for the Union.
MS: you told us you were going to give us a proposal on numbers and hours for FT and PT. We are still waiting for that.
BP: Article 6.1 was supposed to read 60 calendar days.
MS: you are right.
BP: Then you can TA that.
It is entirely possible that you could hire an hourly supervisor off the street tomorrow and that could cause the forced reduction of hours for the least senior FT person working in the store. It does pose a problem. I am not sure how we deal with it.
MS: We recognize that they are different (hourly supervisors) because they are key holders. Like you say it could be that a supervisor could be brought in from outside.
We don�t see that as being an issue unless there is a dramatic reduction in store hours.
Do you have a proposal?
BP: When we don�t create a classification separation�what would happen if you went from 4 to 3 supervisors, would you see them going to FT?
MS: Then they would be in the same seniority situation as the other FT-ers.
BP: How do you see 6.6D
MS: If we are going to have a temporary reduction of a week or less, fire, snowstorm, potentially last week of budget quarter, we would make those adjustments outside of seniority.
BP: If I read this correctly, Maria could go to the most senior and say you go home and you go home�.
MS: She could do that because we don�t have any language saying she couldn�t.
BP: Given that, we are not interested.
MS: If there is a snowstorm, Maria needs to say stay home.
Lets say three people make it in during a snowstorm, there is a last minute decision and she calls people to stay home. That is where you have to rely on Maria fairness and judgments. We don�t want two pages of rules.
BP: We think a way of managing expectations. We see your need for fairness, but it comes down to least senior. Your language says is that if there are 6 people the manager can pick who they want.
MZ: In a sense it would depend. What if the least senior person is on the second shift?
MS: What if you should have and shall weigh seniority heavily�
MZ: I have to be able to run the business.
BP: This is where the mediator weighs in.
MEDIATOR: I don�t know how you feel about putting examples in contracts�Bill I don�t know if that will be acceptable to you.
MS: It is very open ended, I just added and shall weigh seniority heavily in such decisions.
BP: We will talk about it. That does weigh a question. The key holder, are we establishing a separate seniority?
MS: That was our proposal to you.
BP: We will have to think about that.
BREAK 11:40
2:07 PM NEXT MEETING DATE set for negotiations March 18, 2003.
Session 9
(These are the notes represent the discussions from the 4/18/03 session; it is intended to represent the conversation and discussion to the best of our ability, it is not a verbatim transcription).
For the Union:
Jason Evans: worker
Simone Menier: worker
Holly Krig, worker
Bill Pearson, President
Bernie Hesse, Organizer
Jennifer Christensen, Representative
For the Company:
Maria Zachman, Store Manager
Mark Shiffmann, Attorney at Law
James Lathrop, Director HR
note - 4 employees at the uptown store did not receive the 3.5% increase do apparently to the company�s �milestone� program, not previously given to the Union.
MS: before we start talking about the language there is one issue I�d like to bring up.
Every year we evaluate the market for a starting wage adjustment. Your store if we agree to implement it, and I don�t see why we
Your store would increase a quarter at the starting rate.
People making over $.28 over the milestone would not get an increase.
9 employees would get a quarter, one would get .01
The other employees are already more than .28 over
JE how does it affect the overall payroll in the store.
MS: The budgets have to go up to accommodate this.
.01 � A.J 8.02 � 8.03 is .28 over the new top. 7/2/02 rehire from �98
BP: milestone doesn�t apply to rehire?
If someone is rehired the manager can hire them at regular rate or give them a milestone rate.
9 employees Eligible for up to .25 increase
(up to a wage that is .28 over the new top or 8.03):
L.S., D.B., S.M., J.M., S.P., T.Q., M.S., K.H., & J.E.
BP: What year was it last done?
Typically do the entire market?
JL: This is a market that was put up last year but didn�t get it?
BP: Was it all seven stores?
MS: Coon Rapids not getting it.
BP: Done every year?
JL: Within a month either way.
We wanted to make sure it comes after the evaluation process
BP: We want to make sure you implement it, we don�t want to see anyone to go without raises
DS: When is the date it is effective?
JL: Roughly the beginning of May.
MS: 7.25 new start 7.75 top of the new milestone
+++
Union�s April 18, 2003 �Items Open for Borders Negotiations�
1.Article 1, Section 1.3: The Union wants initiation fees deducted.
2.Article 2: The Union wants the word subcontract removed.
3.Article 3B: The Union wants the language regarding the Employee Empowerment Committee in the contract.
4.Article 3E: The Union believes the community service day is important to repair the stores� reputation and wants this clause in the contract.
5.Article 4, Section 4.1: Wages. Union will present a wage proposal.
6.Article, Section 4.2: The Union wants the language originally proposed to be in the contract on credit for experience.
(MS: We are agreeable if the employee is re-hired within 90 days.)
(BP: What I am hearing is discretion at hiring rate � regardless of their outside experience, what we want is for Borders employees to have credit for their past experience at Borders).
7.Article 4, Section 4.3: The Union wants the language as originally proposed.
8.Article 4, Section 4.4 A: This section must include overtime after eight (8) hours in a day.
(Tentative Agreement)
9.Article 4, Section 4.4 C: The Union can accept this language if the word cognizant is changed to respect.
10.Article 4, Section 4.7 C: The Union wants known available hours posted so workers can request them, and awarded by seniority.
(BP: these are hours open because of vacations, or someone quits, etc.)
11.Article 5, Section 5.6: The Union proposes that no less than two thirds (2/3) of the stores hours shall be full-time. Example 600 hours in the store = 400 hours full-time, 200 hours part-time. There may be one contingent employee for every five part-time employees.
(BP: This is newly proposed language)
12.Article 6, Section 6.2: The Union wants the language as proposed in the original contract, with the exemption of hourly supervisors.
13.Article 6, Section 6.6: The Union can agree to this.
(T.A.�d 4/18/03)
14.Article 7, Section 7.1: The Union�s proposal for ten (10) holidays is still on the table and a guarantee no employees will be forced to work on Thanksgiving and Christmas Day.
15.Article 7, Section 7.3: The Union will modify this proposal to: No employee shall have to work more than half the holidays listed in Section 7.1.
(BP: ask for volunteers first)
(MS: if we didn�t have a volunteer we could schedule someone who would not have worked 4?)
(BP: yes)
16.Article 7, Section 7.4: The Union will drop this proposal.
17.Article 8, Section 8.1: The Union agrees to unbundle the P.T.O. as proposed.
18.Article 8, Section 8.3: The Union wants to see the employers proposal on Personal/Sick days. It must include part-time employees on a pro-rata basis to be acceptable. Once we have seen the offer, we will respond to additional items.
19.Article 8, Section 8.6: The Union wants to see the employers proposal on vacation. It must include part-time employees earning vacation on a pro-rata basis. Employees shall not lose vacation time, and will work with the store manager to insure they get it.
20.Article 9, Section 9.2: The Union can live with the blackout dates from November 15 thru December 31, but must have the ability to use a member for twenty work days per year, not restrictions other than the Christmas blackout dates. The Union agrees to give the employer 30 days notice.
21.Article 9, Section 9.3: The Union can agree with an understanding a personal leave as provided in 9.1 maybe necessary in the death of a loved one.
(MS: that is the understanding)
(BP: then the Union can agree to this)
(T.A.�d 4/18/03)
22.Article 9, Section 9.4: The Union can agree if part time are added back in.
23.Article 9, Section 9.6: The Union wants the language proposed in the (original union proposed) contract regarding medical leaves of absence.
24.Article 11: The Union�s proposal on health care is more beneficial to the workers and so we continue to propose money to the grocery plan (full time and part time).
25.Article 16, Section 16.2: We propose the effective date of the agreement to be the date of ratification thru June 1, 2005.
26.Wages:
June 1, 2003 June 1, 2004
Hire $9.33 $9.50
6 months 9.53 9.70
12 months 9.73 9.90
18 months 9.93 10.10
24 months 10.13 10.30
30 months 10.33 10.50
36 months 10.53 10.70
42 months 10.73 10.90
48 months 10.93 11.10
54 months 11.13 11.30
60 months 11.33 11.50
Over scale 0.40
Hourly Supervisor premium:
(keep at current)
SPT/Additional responsibility pay:
(keep at current)
Sunday premium: $0.25/hr
+++
BP: from my perspective I tried to give you my opinion of where this needs to go. I assume that by the time of the next meeting, you�ll come with your proposal � rather than waste time I would like to see the package come back in response. I don�t see areas where we are going to move. If you are convinced that you can�t move.
MS: As we went through it there is a handful of items I see simple middle ground. Others not at all.
BP: Well, this meeting, next meeting and then we will vote.
-lunch break-
MS: Effective date is April 28th show up on the paycheck 5/16
Nest meeting 5/16/03
Session 9
(These are the notes represent the discussions from the 05/16/03 session; it is intended to represent the conversation and discussion to the best of our ability, it is not a verbatim transcription).
For the Union:
Jason Evans: worker
Simone Menier: worker
Holly Krig, worker
Bill Pearson, President
Don Seaquist, Secretary/Treasurer
Bernie Hesse, Organizer
Jennifer Christensen, Representative
For the Company:
Maria Zachman, Store Manager
Mark Shiffmann, Attorney at Law
James Lathrop, Director HR
FMCS Mediator
+ + +
MS: A couple of preliminary things-
you had asked about the wage proposal and you had asked for a policy, we realized it is in the policy manual-
this is the old hand book which is still the current handbook in this store-
it talks about the milestone program and the proration-
this is also an updated copy of the employee list
BP: does this reflect the increases and adjustment?
MS: Yes.
And there is one other preliminary thing we want to talk about-
Currently each store has an SPT team � special process team, their primary function is receiving and sorting product
The company as a whole is changing the way it does things � inventory processing team-
Currently
The employees are aware of this because it is being rolled out around the country-
One is the change in name SPT to IPT
Increase in the number of hours allocated to this function �
Based on the new system there will be an additional 40 hours.
We intend to fill that with 2 part-time employees �
There is potentially going to be a shift of hours, schedule wise. Currently you guys start at 9:30, it should be at for a 10:00 start to cover. That may be shifted to 9:00 or 8:30 to do much of this work when the store is not open. This is difficult to do in a store this size. No one is adding or subtracting duties. The sellers will have less of a roll in shelving than they do now, will still be responsible for maintaining a section. The IPT will have a greater roll in shelving. The system is that we get shipments in they are sorted in to bins, sorted into v-carts and taken out on to the shelves �
In the new system, it will be sorted directly into carts eliminating the bin step making it more efficient.
The IPT will have primary responsibility for shelving.
There will also be a change in managerial duties, titles and who they report to.
Supervisors will have a different reporting line. Inventory supervisor will have more paperwork. IPT will have more time to receive sort shelve.
The premium � currently the SPT team receives a premium � will be grandfathered for (current) incumbent employees, but will not be available for new people moving into those positions.
If incumbents (i.e. Jason and Holly) were to move out of this team and into another function they will still receive this premium.
There will be a change in the payroll system.
BP: the additional hours � currently SPT works M-F
Are they going to be weekend?
MZ: could be Saturday and Sunday-
BP: I thought the idea was to get the books up within 24 hours-
MZ: there could be additional duties (if shipment comes in on Friday)
BP: it is clear that the SPT (IPT) will be shelving books
MS: I think that is the major difference � the IPT will also be called upon to do (customer/sales floor) additional duties in the store.
BP: the biggest question mark is in having additional bodies to do the work.
There has been questions about hours cuts in other stores and the work load.
MS: there were a number of trial stores in the Atlanta area. The reaction from the workers in the stores was very positive. The changes are not all that dramatic.
BP: the biggest change � to point out the obvious � is that you are not going to pay the premium. It is the one obvious change that becomes substantial.
DS: on the 40 hours that are going to be assigned they are not additional hours �
MS: they are not additional hours.
JC: so if you had 200 hours and you put 40 hours into IPT these are not additional hours, they are just reassigned to the job �
MZ: yes, the hours are the hours �
MS: here is a chart of the �possible� structure (managerial)
And here is a copy of the contract with the changes from last time.
BP: this is where we were?
MS: I like to take a break-
I�d like to get the IPT � SPT thing out of the way and then get to the responses.
BP: you can make the changes in the structure but we may respond in the wage proposal-
+ + +
break
+ + +
MS: We have an understanding�.
DS: July 1 implementation of the IPT program
I need to say that the inability for new people to earn premiums � is part of our wage increase.
MS: Yes, I would expect that. (It is also) subject to negotiations, if we reach an agreement then we would address any issues that may arise (such as back pay)
JS: In implementing the program July 1 � the new hires would be without premium?
MS: Yes. Then subject to any agreement we might achieve.
Did you have a chance to review the contract as revised?
DS: Yes. We agree with the changes that were made. (not agreed with it in its entirety, just that the changes are correct).
MS: as I understand it, is either they are absolute final, or close to it.
DS: yes
MS: (passed out responses to Union positions on open items
Read through these items)
+ + +
Break
+ + +
DS: We have some responses, I am going to skip over them, don�t read read into them �
MS: in the interest our next meeting if you have a response if you could get that to me �
DS: We have a counter proposal 3&4 are tied together for us
�Establish a labor management committee to address issues that are not contractual in nature. This committee will meet on a monthly basis. The number of committee members will be established at the store.�
What we thought and why 3&4 are tied together is because we felt the L & M committee could decide on the events.
Jumping to # 10, we would deleting your last three words to �the company will fill the available hours based on availability and seniority
#14 we would scratch Columbus and presidents day for two individually designated personal faith days.
Your #15 we would counter that to say �half� and not three because we are unsure of the number of holidays we will ultimately have. And then in your last sentence we would add based on inverse seniority.
MS: we would have trouble with it based on availability � a least senior employee might not be available.
JS: (clarification and re-propose) In the event of insufficient volunteers the employer may reassign by availability. In the event no employee is available the employer may assign by inverse seniority.
DS: #20 we can T.A. your proposal
#22 your counter for jury duty for PT we can TA that also
#23 what we were looking at and what we had concerns about was �if the needs of the store changes� need to include subject to seniority/layoff language
MS: not likely to be much of an issue with the employee being less than 1-year
DS: the wage proposal? Unavailable today?
MS: yes
DS: what if you got that to us to discuss with our committee.
RESPONSE TO UNION'S POSITIONS ON OPEN ITEMS AS OF APRIL 18, 2003 MEETING
1. Article 1, Section 1.3. Borders holds to its previous position - Borders will not deduct initiation fees.
2. Article 2. Borders holds to its previous position - retain subcontracting in the management rights clause.
3. Article 3(B). Borders holds to its previous position - language regarding the empowerment committee need not be included in the agreement.
4. Article 3(E). Borders holds to its previous position - employees may use personal days for community service.
5. Article 4, Section 4.1 Wages. See attached.
6. Article 4, Section 4.2. Borders holds to its previous position - prior service credit will be guaranteed only if rehired within 90 days.
7. Article 4, Section 4.3. Borders holds to its previous position.
8. Article 4, Section 4.4(A). Borders holds to its previous position - overtime after 40 hours in a week.
9. Article 4, Section 4.4(C). Tentative agreement.
10. Article 4, Section 4.7(C). Borders submits the following counterproposal:
In the event the Employer is aware of unfilled and available hours prior to the posting of the following week's schedule, the available hours shall be posted. Interested part-time employees shall notify the scheduling manager of their availability. The company will fill the available hours in its discretion.
11. Article 5, Section 5.6. Borders holds to its previous position - no ratio of full-time to part-time employees.
12. Article 6, Section 6.2. Borders holds to its previous position to fill vacancies with the most qualified applicant.
13. Article 6, Section 6.6. Tentative agreement.
14. Article 7, Section 7.1. Borders holds to its previous position regarding holidays.
15. Article 7, Section 7.3. Borders submits the following counterproposal:
Employees shall not be required to work more than three of the designated holidays. Employees desiring not to work on a designated holiday pursuant to this provision must provide at least 14 days' notice prior to the holiday. In the event that additional staff is necessary to fill in on such holiday, the company shall first seek volunteers. In the event of insufficient volunteers, the Employer may reassign other employees to provide the required coverage.
16. Article 7, Section 7.4. The union withdraws its proposal.
17. Article 8, Section 8.1. The union agrees to 'unbundled the PTO.'
18. Article 8, Section 8.3 - Personal/Sick Days. Maintain status quo.
19. Article 8, Section 8.6 - Vacation. Maintain status quo
20. Article 9, Section 9.2. The Employer holds on its previous proposal but proposes the addition of the following language:
Such Employer permission shall not be unreasonably withheld.
21. Article 9, Section 9.3. Tentative agreement.
22. Article 9, Section 9.4. The Employer submits the following counterproposal with respect to part-time employees:
Part-time employees shall be released from work but shall receive no compensation for jury duty. In the event a part-time employee is required to miss scheduled work hours due to jury service, the company will agree to reschedule the part-time employee and replace the missed hours during that work week.
23. Article 9, Section 9.6. The company submits the following counterproposal:
An employee who has completed his/her probationary period but who has less than one year of service, and is not yet eligible for FMLA leave pursuant to the company's FMLA policy, may, upon written request, be provided an unpaid leave of absence in connection with a qualified personal illness, the birth of a child, adoption, or to provide care for a family member due to illness requiring full-time care. Their position may, depending upon the needs of the store, be held open for the length of the qualified leave equal to his or her length of service or 12 weeks, whichever is less.
24. Article 11 - Health Care Plan. The company holds to its previous proposal.
25. Article 16, Section 16.2. The effective date and term of the agreement are agreed upon.