Coalition Bargaining Monday

Another round of coalition bargaining is on Monday night, same time, same place. We are hoping management is prepared to respond to our issues... email me barnardt@opeuseiu.org if want to help or attend.

Rally for a Fair Contract

We started a rally at the Revenue building this afternoon and worked our way through the ODOT Transportation Building and through the mall area. We ended with a few speeches and lunch and reinforced that we want a fair contract and that 2% was not going to cut it. As you can see on Mike Johnson's sign we also want to fix the travel policy for ODOT. No more getting screwed. I'll post a few pictures and if you want more I can post more.

Update: I was told a manager at the T-building thought our rally was successful and they DEFINITELY heard you all. Good work to all the ODOT members who made this happen. You are definitely representing yourselves well.

Stand Up! today at 10 a.m.

and let your manager know you deserve a fair contract! Save your lunch tomorrow and make sure to drag as many coworkers as you can over to the Revenue building at noon. We are having a rally and lunch will be provided. This thread is intended for you all to let everyone know what you are doing in your worksite... are you wearing stickers? Did you bring in your purple shirts? did folks stand up at 10 a.m.? did you hold up your signs? Write it down and share.

Thoughts from an ODOT member on Coalition Bargaining

An ODOT member wrote thoughts on their first bargaining experience and I wanted to share.

I attended a bargaining session for my union for the first time on Monday night. Now, my Dad was a shop steward for his union most of my growing up years, and I had a general idea of what should be accomplished in a bargaining session. I was really shocked when I attended the session on Monday night.

The meeting was to begin at 6:30pm, but the representative from State Management didn’t bother to show up until 7pm or so. When he did arrive, he had nothing but a blank notebook and pen. The union was represented by the bargaining team, plus those of us who were there to support the union’s position on 3 or 4 key items. The Union’s bargaining team had prepared and ready to pass over a sixth proposal.

When the State Management representative initially sat down with us, he had nothing to say. He indicated he was going by memory on this, (nevermind that he has been to these meetings, and received documentation for ratification of the contract that ends on June 30^th since February of this year), and after some hemming and hawing, indicated that “they” would have some response to the last package they received from the bargaining team last week, at this meeting. Then he left to go to another room.

When they returned, he had more managers there to sit on his side of the table, but he was no more prepared than he was the first time… he did, however, present a token of his presence there, in the form of a proposal, that really just included some withdrawals that the union bargaining team had proposed, and a couple of “keep current language” notations… it was not any real movement on their part, while it was some movement on ours to accept it. We decided to accept it in hopes that it would move the “negotiations” forward toward a settlement on the key items that have held up this contract since February.

On the contrary, after we signed off on said proposal, he still was not prepared to respond to the proposal he received LAST WEEK! The point of this meeting was to get a response from that proposal, provided to him last week, and possibly provide him with the next proposal, you know, like MOVE FORWARD in this. Nope, despite his vague indication that he would be prepared to respond to the documentation received last week, his group proceeded to spend an hour working on a response he should have had prepared when he walked in, which should have been at 6:30pm.

Finally, at 9:30pm, the State Management group came back with their response, which was to make menial adjustments to current contract here and there, but no REAL response to the proposal, other than that there MAY be room to negotiate on one item, but only if we give up entirely on another KEY item that is of extreme importance to the employees statewide.

Okay, correct me if I’m wrong, but “negotiating” would have been for him to come back with an actual COUNTER to the proposal, at 6:30pm when the meeting was scheduled to commence, not some vague indication that there MAY be room to negotiate on item x if we give up item z. I’m really not convinced this guy actually knows the definition of “negotiate”… but unfortunately for all involved, he is the State Management Representative.

Early on in this, during one of the many times that he left the room for a half hour or so, this being my first bargaining meeting, I had to clarify a few things. So I asked questions… Is this guy getting paid to negotiate this contract? I mean, is he a professional, or is this kind of like a volunteer position, like Boy Scouts? Yes, he gets paid to be here, and represent the State Management Team.

Hmmm… it was my observation that were I to show up at a meeting that I was expected to represent one of two factions in for my job, I would be expected to be prepared, or face the consequences. And to show up repeatedly unprepared, and ineffective in my job, as he has done, I’d for sure be on a work plan by now! I have to say that I am honestly appalled at the lack of preparation, effective work effort and negotiation skills presented by this guy, for five months. I’m happy to say that I have never worked for a manager within ODOT that either was that ineffective, nor that would put up with that kind of incompetence on the job. That said, he obviously either is meeting his manager’s expectations, (that’s scary), or his manager is completely unaware of what he is doing, or rather not doing.

It was a real eye opener, and if this is business as usual for this guy, then I’m not at all surprised that we don’t have a contract yet. It does not bode well for the future, and is not in the best interest of State Management or Union Employees to continue down this road. Hopefully, someone will eventually take an interest in why it is taking so long for him to get the job done, attend a meeting, and perhaps deal with the disciplinary issues as needed.

Eddyville Bypass coverage in the Oregonian

Those of us who are concerned about ODOT use of contractors should take a look at today's Oregonian. In a front-page article, the Oregonian does a pretty good job of describing the Hwy 20 fiasco and putting the blame where it belongs: an out-of-state contractor who couldn't care less about Oregon and an agency recklessly signing contracts that they can not or will not adequately oversee.

Here's the link:
http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/1182831910173560.xml&coll=7

Hopefully there will be increased scrutiny of ODOT's crappy contracting system as a result of the article.

-John

Salem Mall Visits Today

To all of you that work by the Capital in Salem, I will be around today from noon until 3 dropping off the fliers for Thursday and Fridays actions. If you don't see me during that time you can call my cell phone 503-830-1201 and I will try to catch you. If we don't touch bases make sure to copy the fliers below and put them on your bulletin board, or one better print them out and distribute to your coworkers. -Troy Barnard

Also remember another important round of coalition bargaining is tonight! (see below for details)

Union Rally on June 29th

BRING YOUR PURPLE & YOUR COWORKERS!!!

Coalition Bargaining Reminder

Last week we passed a package proposal across the table to management that included our new travel policy, slightly changed scheduling language, and increased and expanded allowances for tools, boots, clothing and protective glasses. Management was not able to respond that night and so we are expecting a response on Monday. If you would like to be there to receive their response, it will again be held at the ODOT HR Training building at 2775 19th St SE, Salem, OR. If you're driving a distance we will have gas reimbursement forms. We will meet at the SEIU Building at 5:00-5:30 and will have dinner and caucus. After that we will head over to bargain beginning at 6:30. We are at the stage where a mediator is present so the face-to-face with management is limited. If you have any questions or comments please post them

Poster for Next Week

Please post this poster next week to show we are united for a fair contract. I will try to drop them off at as many worksites as I can on Monday, Tuesday and Wednesday with the idea that they're plastered everywhere on Thursday and Friday.

Leadership II Training July 13th and 14th

Any Member is welcome to take these trainings, and they are especially encouraged for stewards and activists. If you are interested please sign up using the form below; this training is in Portland: Leadership II Sign up Form

On a side note, I've updated the calendar (at the bottom of the blog) for the next 10 days . Also I've been trying to update which visits I end up making each day. Let me know if this is useful or what kind of info you want. I can write summaries of each worksite visit if that interests you all or not.

On a side note, I noticed Dick Fenske, an ODOT manager on their bargaining team has been reading our blog. Thanks for taking note Dick, hopefully you are relaying the message that ODOT members need to win their selectives and a 2% cola isn't in the right ball park! Other managers are paying attention to what you all are doing, so lets show them that you are united for A FAIR CONTRACT!!! The next week is HUGE, so wear PURPLE, Take Pictures, Come to Bargaining, Turn in Petitions to Management, and be creative!!!

Statewide Actions June 28th and June 29th

As you may know June 28th, this next Thursday is the last day of bargaining before the contract expires; so to support our bargaining team we are doing Actions on the 28th. The flier posted below explains it a little more in depth:
June 28th Action Details
Also remember to save the next day, June 29th for a Statewide Action. We are delivering all these petitions to the governor that day, so if your worksite hasn't circulated one yet, download it here and fax it back to me at 503-408-4099!!!! There will also be more details on the Actions for that day soon!

Update: I'm not finding a digital copy of the petition... As soon as I find it I'll post it
Update II: Here it is, please get it signed and fax it back to me ASAP :)

Heavy Equipment Mechanics Deliver

Today at lunch Dennis Bonnono, Kirk Spindler, and Dan from the Salem Shop delivered petitions to Matt Garrett's office. This petition notes that ZERO ODOT selectives have been granted and requests the ODOT Director write a letter to the DAS Bargaining team to support the HEM's getting the salary range they requested. I know some other groups are working on similar petitions and plan on delivering them in the same manner. Let me know where you're at on those and in what ways I can assist you. I will be at Airport Road the rest of the afternoon, so if you want me to stop by your area, my cell phone is 503-830-1201!

Coalition Bargaining Report

Our bargaining this evening began with an energetic rally attended by sixty-plus Union members from a number of Local Unions and agencies. We were especially happy to see so many Union members supporting us from Specials Coalition agencies since they are also having a difficult time of it in contract negotiations.

Solidarity paid off for us in our ODOT Coalition negotiations this evening. The lead State negotiator came to the table prepared to discuss issues and reach agreement on at least a few outstanding issues. We reached and signed tentative agreements which will get Forestry workers a Union Steward at the Tillamook Forest Center and which preserve meal allowances for Forestry workers required to work past their scheduled shifts. We believe that we also reached conceptual agreement on a number of other items.

Our ODOT Coalition team did a great deal of work during the long and frequent breaks we held during our bargaining session. Kermit Meling (ODOT) and Cory McIntosh (DMV), our bargaining team leaders, led strong discussions dealing with our priorities and strategies for upcoming bargaining sessions.

We gave the State team a bargaining package consisting of five items which we believe we have reasonably compromised on. The State team gave us a package of eight items which disappointed us. The State team continues to assume agreement where we have not reached agreement and continues to present us with packages which we might accept if they did not also include “poison pill” items which either take away Union rights or negatively impacts our working conditions or benefits.

We have been meeting for negotiations since February. It is safe to say that our shared Coalition priorities are travel policy equity, tool reimbursements, safety and protective clothing and winning greater rights to promote. The State is pressuring us to concede on call-back compensation—a particularly serious issue for ODOT and Fish & Wildlife workers—and we are determined to continue to work for fairness in this area. The State team has not responded to our requests for information on what protective eyewear, clothing and boots costs our agencies. Without a better idea of the costs involved—and absent willingness on the State’s part to find compromise solutions—we are limited in how much room we have for compromise. They have also not responded to our request for information on tools; does the State wish to limit tools to what is currently in stock and on hand or not?

John Ponce (Parks) gave a good explanation of our need for protective footwear and provided materials to support our points. The Fish & Wildlife Bargaining Delegates helped our team clarify our issues. A number of ODOT workers added their strong support for our proposals and goals.

Our next ODOT Coalition bargaining session will be held on Monday, June 25. We will meet at our Salem Union hall between 5:00 and 5:30 pm for dinner and discussion and be at negotiations at 6:30 pm. Negotiations are held at the ODOT training center located at 2775 19th St. SE in Salem. Union members are encouraged to attend.

Our next bargaining session will deal with three bargaining packages affecting most agencies in the ODOT Coalition. For this reason it is important that we maintain our strong participation from many agencies and many Local Unions. We proved once more this evening that unity builds strength.

"Hey, The Boss Just Called Me Into the Office"

"The Weingarten Decision and the Right to

Representation on the Job."

"In June 1972, Leura Collins, a lunch-counter sales clerk for the J. Weingarten, Store No. 98, in Houston, Texas, was called into her Manager’s office and interrogated by the Manager and an undercover investigator employed by the store. Unknown to Collins, the investigator had had Collins under surveillance for the previous two days. He had been investigating a report that Collins was stealing money from the lunch counter cash register. His investigation had turned up no evidence of wrongdoing, but the store manager had received a report from another employee that Ms. Collins ‘had purchased a box of chicken that sold for $2.98, but had placed only $1.00 in the cash register.’

During the questioning regarding this incident, Ms. Collins requested that her shop (union) steward or another union representative from her union, Local 455 of the Retail Clerks, be called into the interrogation session. Her repeated requests for such assistance were denied. In response to questions about the chicken, Ms. Collins explained that she had only taken a dollar’s worth of food, but had used a larger box to place it in because the store had run out of smaller boxes. The investigator left the office and confirmed this fact with other store employees. Upon return to the interview he ‘told Collins that her explanation had checked out, that he was sorry if he had inconvenienced her, and that the matter was closed.’

Collins broke down and began to cry. She ‘ blurted out that the only thing she had ever gotten from the store without paying for it was her free lunch.’ The manager and investigator were surprised by this admission, because free lunches were not allowed at this particular store. They once again began an interrogation of Collins. She once again requested the presence of her shop steward, and the store manager again denied her request.

During the course of the questioning the investigator asked Collins to sign a statement that she owed the store approximately $160 for lunches. She refused to sign the statement. Collins pointed out that in Store No. 2 of the Weingarten chain, where she had worked for nine years prior to her transfer to No. 98, free lunches were regular policy. When Weingarten, Inc., headquarters confirmed this fact, the interrogation was ended and Collins left the store manager’s office. Though told to keep the matter to herself, Collins, ‘ reported the details of the interview to her shop steward and other union representatives’ and an unfair labor practice charge was filed."1

On February 19, 1975, the [Supreme] Court issued a decision,".... the employee [Collins] had been the victim of an unfair labor practice (NLRB v. J. Weingarten, 420 U.S. 251). An important new right for workers came out of this decision: an employee may be represented by the union at an investigatory interview with his/her employer when the employee reasonably believes that the interview may lead to disciplinary action." 1

The U.S. Supreme Court issued in their Weingarten decision guidelines that clarify a unionist’s right to representation during an investigatory interview.

1. The employee must request that a union representative be called into the meeting with management. 2. There must be a reasonable belief that discipline will result from the investigatory meeting.

3. The Court’s decision does not force the employer to interview the employee. "Though this appears to leave the union and employee a choice to make, there is, in fact, nothing to be gained by meeting with management without one’s union representative. An employer who is serious about resolving a problem should welcome a union’s participation. The choice, then, remains with the employer." 1

4. The employer has no duty to bargain with the union representative at an investigatory interview. However, the employer cannot force the shop steward to be silent and the union should take advantage of this to help the employee as much as possible. (NLRB v. Texaco, Inc., 108 LRRM 2850, 2851, Oct. 16, 1981)

Since 1972,subsequent court decisions have expanded the Weingarten Decision and in next month’s newsletter I will review them.

Before I leave you I want to point out that Leura Collins is a true union heroin. She stood her ground against impossible odds: in addition, she clearly understood the value of working in a union environment. Her determination not to be denied a right she believed she had and her faith in her union opens the door for future generations of workers’ rights in a union environment. Furthermore, she conducted herself in a professional manner in her dealings with the company that allowed the union to represent her in the courts as victim of a corporate injustice.

1. Diamond, Steve. (1984). "HEY, THE BOSS JUST CALLED ME INTO THE OFFICE…". Institute of Industrial Relations University of California.

Coalition Bargaining and Picket

We are in the process of building support for our ODOT Coalition Bargaining Team and the bargaining issues we are trying to settle. ODOT Coalition negotiations will be held next Monday evening, June 18. We have been unable to reach agreement on any major issue at ODOT Coalition negotiations to this point.

Please help us by attending ODOT Coalition negotiations next Monday evening and holding a picket sign before negotiations in protest. ODOT Coalition negotiations will be held at 2775 19th St. SE in Salem. We are arranging to have food in place at negotiations. We would like concerned Union members and staff to be with us and protesting by 5:30 pm. We will protest, eat and be at the table for negotiations at 6:30 pm.

The ODOT Coalition consists of workers in DMV, Forestry, Fish & Wildlife, Aviation, ODOT, Parks and State Fair. We need support from Union members in these agencies and our sisters and brothers from other agencies as well.

New Secretary and Treasurer for ODOT local

I forgot to mention earlier, but Betty Huskey (on the left in picture) has been elected your Treasurer for your ODOT local 730. Betty works in Salem at the Office of Civil Rights. And your new Secretary is Mike Scott, a Transportation Maintenance Specialist 2 from Grants Pass. If you're curious about what your local officers do I am posting a copy of your constitution and bylaws under Local 730 Info. Mike Johnson from ODOT is also pictured (he's helped a lot with our coalition travel proposals).

Statewide Actions

Today we are doing Actions across the state. I attended the rally at the capitol and marched over with hundreds of members to Lindsay Ball, the head of DAS' office. We chanted across the mall and right into the executive building with chants like 'Lindsay Ball, Hear our Call! 2% is way too small!' and 'We need a real raise, Not a Raw Deal Raise'... It was quite the event and the 350 hotdogs ran out pretty quick. I was happy to see so many ODOT folks wearing their SEIU shirts. Management needs to get the message that 2% isn't even in the right ball park.

Bargaining Update and more

There is a new field flyer posted on the right ----> Please print and post and share and discuss. It has management's latest offer; which is still much too little!

Also posted today: AFL-CIO Summer School Info
Leadership Academy Info
Stewards and Contact Info (6.14.07 version)

Reclass Presentations

Right now the Custodians are presenting to management about the results of the Hayes study. Management has proposed they go from salary range 10 to salary range 7. Taking a group of state workers and attempting to move them further in poverty. Another group that management is trying to deny the selective for is the Traffic Survey Interviewers. They're currently at salary range 6! They're attempting to go to range 9, which is still very low. The state thinks 6 is 'market' value. If you're not pissed off about this then you're not paying attention. WE MUST ACT! Do we need to show up on the Directors door or what? Your thoughts?

Update I: HEM's are up... Jay Burkert is discussing some of the distinguishing skills of HEM's. He is talking about recruitment problems and the 8 open positions currently within just ODOT. Some of the faces I see in the room today are Kirk Spindler, Rex Parks, Jerry Noble, Jim Cooper, Dennis Bonono, Roger Upshaw, and maybe 5 or 6 others. Rex is discussing some of the complexities of his job and the use of computers.

Central Table update

Management is going to present their core economic package at 10 a.m. so we are sitting in the Chavez room. Ken Steele, Rod Dlouhy, Amy Regimbal, Mike Scott, Betty Huskey, Kermit Meling, Cameron McGinnis, Scott Stinnett, Don Tolman, Jay Burkert are all here to represent ODOT workers today. As soon as we get news today I will post it and we can go from there.

Update: We're in the westroom and management is getting ready to pass out their economic proposals. In the meantime we're doing introductions as there are a lot of folks at bargaining who are new to the process. Eva Corbin from DAS is preparing to pass out their 'comprehensive' package. I'll write some notes from her talk: "some of the selectives are in here and we will provide it to the bargaining team members. beginning with article 26, couple areas they have modified... institution RN proposal bachelor (4.75%), masters (9.5%) one or the other... another differential we have addressed selective improved for insurance examiner... made improvement on forestry worker completed degree would start at step 6... shift differential we have adjusted differential for RN to 1.85 and for all other personnel we have increased it to .75 cents an hour... states proposal effective july 1st 2007, 2% each year 2% in october 2008, 50 dollar floor... you've seen new and revised classes so selectives are on page 5 and 6... i'd like to address one change... we are introducing one change to entry level classifications with 4 steps... and next higher rate would be on new higher rates starting at step 5.... the staff will explain selectives... which is a small percentage of the selectives you proposed and they will explain why such a small percentage... she says it will be least cost implimentation... in terms of article 31 insurance, the state has made improvement in a couple areas have improved from 8 to 11% for second year of contract... subsidy put back in but would not cover increases..." some lady from DAS is explaining how they come up with their response to selectives... I just looked through the short list of selectives they responded to and I see none of the ODOT selectives have been accepted... I also see none of the office workers were granted their selectives, which had been a priority of the union bargaining team... I will post more in a little bit

Update II: Leslie is delivering a blistering speech defending workers and letting them know this is not nearly good enough

Update III: Management's criteria for Selectives used a different set of data than they had committed to and they used the top salary rather than a middle salary or a starting salary. Union members argued nobody starts at the top step. There is a lot of anger in the room from our side... We have to show them the next three weeks how insulting their offers are...

Update IV: Our bargaining team got in a heated exchange about what the point of delivering selective presentations to their bargaining team is if the agency head is really the only one who can decide on the selectives. The few selectives they agreed to added up to maybe 100 workers total. Obviously we have a lot of work to do

June 14th deliver Balls to Head of DAS

On the lunch hour on Thursday state workers will be delivering a message to the head of DAS, Lindsay Ball. If you would like to join everybody please meet on the Mall side of the Transportation building at noon!

Management, If You're Reading This...

Take this message to your bargaining team!

JUNE 12th Central Table Bargaining

Central Table bargaining this next Tuesday is very critical. Management is FINALLY responding to all your selective salary, and differential presentations. Also they will respond with another core economic proposal (wages, health care, etc) and they will be bargaining on that all day. Heavy Equipment Mechanics have asked to have another opportunity to address the management bargaining team that day at 3 p.m. If you want to support their concerns, or sit in on bargaining let me know and I will make sure they order enough lunch for you. Central Table bargaining happens at the SEIU building in Salem at 1730 Commercial St SE, Salem, OR. You can call for more information at 503-830-1201

ODOT Coalition Bargaining on June 11th

Coalition Bargaining on June 11th will be focused around Forestry and trying to win some of the issues of their agency. One issue that Forestry and ODOT have in common is the need to improve the travel policy (see many posts in archive). This bargaining session will be 6/11/07 at 6:30 p.m. Because it is focused around Forestry it will be held at the Forestry building at 2600 State St, Salem, OR. If you can make it to support our proposals we look forward to seeing you there. If you have questions you can Troy Barnard at 503-830-1201. Many of the ODOT issues will likely be bargained on June 18th. When I get the details I will send out the info.

Estacada Bulletin Board

I was out driving through 2C today when I came to Estacada's shop. Nobody was around so I left a petition on their bulletin board, and noticed the message they had hung up. I thought I'd share that with everybody. I guess if you are not going to wear it, the next best thing is to hang it up!

Coalition Bargaining Tonight!

Meeting at the SEIU building (1730 Commercial St SE, Salem) at 5 p.m. and heading over the ODOT HR building (2775 19^th St. SE, Salem) to begin bargaining at 6:30 p.m. There will be a mediator present who is suppose to help facilitate communications. If you need further information, you can call Troy Barnard at 503-830-1201. All ODOT member's are invited.