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-