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.