“I have become so disillusioned with the Guild. It has no backbone. It did nothing for those of us who were transferred or for those who were laid off despite more seniority.”
We were fairly surprised to see the events from February/March described this way in a comment to one of our recent posts because well, we thought word might have gotten out there about what the Guild has been doing about the so-called transfers. But the sentiment quoted here has cropped up more than a couple of times lately, and it's something we feel needs to be addressed, because the truth is we have been working on this issue from day one, and are still fighting on behalf of those affected by MediaNews' LANG decision.
There are some misconceptions floating around on the subject. The biggest of which is that we didn't “stop” the transfers/layoffs. That aspect is perhaps the hardest to understand, because it's partially true. We didn't stop the layoffs. We couldn't. It was never an option. Under federal law, companies have the right to determine the size of their staffs. Most companies however, recognize their legal obligations to bargain over the effects of needed layoffs with their unions. We believe this company chose not to follow the rules.
Management ultimately will always have the final say over what happens to their company. No one can “prevent” layoffs from happening. The role of any worker's rights advocate is to provide remedy and if necessary, challenge company actions. In other words, our job is to monitor their conduct, enforce the contract and pursue legal remedy when employer actions break the rules. When things go wrong, we're there to set them right.
There isn't a group in the country that can go to work with you, hold your hand, and make sure nothing bad ever happens. What we can do is make sure that if the rules are broken, the company won't get away with it without challenge. That's what we're doing now — challenging the company's action.
The company laid off the CEs and designers. People were “invited” to apply. Logic says if you have to interview, then you don't have the job. If you don't have the job, you can't be transferred.
It boils down to notification and our challenge under specific coverage language of the contract. The company didn't give us warning of its plans, and perhaps it thought it could skirt the law by calling the moves “transfers”. We challenged the company's actions, filed a grievance immediately and, dissatisfied with the company's position, moved the case to the legal arena.
Tuesday, August 26, 2008
The facts about those February ‘transfers’
But like all dealings involving big business (MediaNews) and the government (NLRB), justice comes slowly. Maybe we didn't emphasize this enough before, but understand that this issue is far from over. We continue to challenge the company's February move via all legal channels available.
Bottom line? The Guild did then — and continues to do now —what it must do for P-T members “transfered”. Contact us if you you're interested in the details of the case.
Subscribe to:
Post Comments (Atom)
Posts
16 comments:
How would any of it help those laid off?
I'm perhaps speaking above my pay grade right now, but this post was addressing employees that were "transferred," not the employees that were laid off.
But there were actions taken on behalf of the laid-off employees. The most recent example is the re-hire of Dave Werstine, which was only done after Guild rep Vicki DiPaolo reminded the company of their contractual obligations - a provision that was negotiated for by a Guild bargaining team.
Other examples of work done on behalf of laid off employees include the filing of several grievances, at least one of which has already been resolved.
Very heroic of her and we thank her for that but there are larger fish to fry like enforcing the contract. It was a clear violation of the contract when management did not notifying us in time and everyone who was transfered had to reapply for their jobs. That means they were laid off and then re-hired by the Hurst run Daily Breeze. So why isn't that being addressed?
" Maybe we didn't emphasize this enough before, but understand that this issue is far from over. "
That is an understatement why didn't the union hold an emergency meeting ( like other do in this situation ) the minuet we knew what was happening, and then explain that the fight isn't over. That is the problem with the union they are constantly too late on things and drop the ball all the time.
Question to Breeze/Pters - Has anyone at the Breeze been contacted or know about the fight?
That means they were laid off and then re-hired by the Hurst run Daily Breeze. So why isn't that being addressed?
It is being addressed. From the original post:
We challenged the company's actions, filed a grievance immediately and, dissatisfied with the company's position, moved the case to the legal arena.
This is a legal proceeding. I'm sure you know that the pace of these things can be very frustrating, but steps have been taken to address that issue.
"That is an understatement why didn't the union hold an emergency meeting ( like other do in this situation ) the minuet we knew what was happening, and then explain that the fight isn't over. That is the problem with the union they are constantly too late on things and drop the ball all the time."
how can you not know that they filed a grievance? that information is out there. have you ever gone to a meeting, or even read any of the updates?
they can't force you to pay attention to what's going on around you if you don't want to know. i don't think they're the ones who dropped the ball if you refuse to listen to what they have to say.
Typical reaction the union never will admit fault.
Please show me the earliest reference to this issue?
In stead of NLRB rout, why not sue in regular court? Federal, State or hell small claims.
Please show me the earliest reference to this issue?
I wanted to speak with the higher ups to confirm the facts, but here's the answer to that question:
Because the company gave no advance notice of the layoffs, there was no opportunity to address the members before the layoffs were implemented - but mention was made of the board charges and grievance process at every membership meeting afterward.
Specifically, the first time the members were informed of the Guild's plans was during the meeting at the Rock Bottom Brewery, the day the layoffs were announced.
So we never had job security language ? and If not why?
Why do freelancers do most of the food writing? and a majority of the sports writing and photo After the layoffs ?
For the past 12 years that Singleton has owned us, freelancers have replaced guild positions ?
Management has regularly done guild work especially in sports city desk and design. Masked as " Staff Reports ."
Isn't that outsourcing ?
Why wasn't that enforced before?
So we never had job security language ? and If not why?
I'm not sure where that's coming from. No one said there's never been any job security language.
Management has regularly done guild work especially in sports city desk and design. Masked as " Staff Reports ."
Isn't that outsourcing ?
Why wasn't that enforced before?
Violations can't be pursued unless someone documents them and passes the information along. I know the members have been asked about it, and so far no one's stepped forward with anything. If it's happening, please send Vicki an email or give her a call.
" Violations can't be pursued unless someone documents them and passes the information along. I know the members have been asked about it, and so far no one's stepped forward with anything. If it's happening, please send Vicki an email or give her a call. "
Plenty of people have stepped forward with documents and information for years and again that comment is again out of touch and shifting the blame to dues-paying guild members . We have done our part!!!!!
From Vicki Di Paolo:
Guild members have come forward and grievances have been filed. If they're not resolved in the grievance process we have filed ULP's with the NLRB. That is our recourse.
We have filed grievances on non-bargaining unit persons performing our work. We have resolution in the circulation and web departments. The resolution was offered along with an apology from the company, the resolution is that only bargaining unit members will perform the work. Even though we have the desired resolution we must continue to monitor the situations.
We are currently investigating and seeking documentation regarding performance of prep sports work. An information request has been filed with the company.
We have another issue we are currently reviewing with legal counsel to determine if a route other than the labor board may be best.
The point I would like everyone (myself included) to remember is we must share information. Even if we're not sure there is a contractual violation - if it doesn't seem right pass the info on. We all need to communicate better.
Vicki
CWA / So Cal Media Guild
Plenty of people have stepped forward with documents and information for years and again that comment is again out of touch and shifting the blame to dues-paying guild members . We have done our part!!!!!
Your question was not about work being done over the years, but about work being done right now, and there is no report of work being moved that has not been acted upon. Anything that you know of that hasn't been been acted upon, hasn't been reported.
But I want to make another point first: This isn't about blaming anyone for anything. Pointing out where someone failed on either side of this conversation doesn't help the members, the local, the negotiations, or anything else we both care about. There are too many big-picture issues at stake right now for that.
After negotiations are over, if you want to sit down over a cup of coffee and talk about just where things need improvement and why, let me know and I'll buy. But right now, that's time and energy we can't afford to waste.
I hear you but if the ball is dropped too many times ( no matter who drops it ) the bigger picture will never be accomplished.
I hear you but if the ball is dropped too many times ( no matter who drops it ) the bigger picture will never be accomplished.
You're absolutely right, every mistake is one too many. And there are certainly things that could have been done better. But I think that a lot of the stuff that gets called "dropping the ball" is more a matter of people not being involved enough to really understand what's going on.
In this instance alone, there were several questions that would be horrible failures on the part of the Guild representation, if they were true. But in the end most of those concerns ended up being misunderstandings.
Remember that our stewards - Joe, Steve, and Kris - aren't getting paid for 90% of the time they spend on this stuff. The rallies, the meetings, the community events...they go out there and give up their time because they want to make a difference. Those guys leave blood on the field every time they meet with the company.
There are things that could be done better, but each and every person working on this stuff gives it their all. And if more people had that same dedication, I know we'd be a lot closer to resolving the situation.
We're making a difference, and we're having an impact on the company and the community. I don't want to put words in anyone's mouth, but I think if you ask Paul he'll tell you the same thing.
I guess I'm saying that if you, or anyone else, ever has a question or thinks something isn't being done right, talk to one of us directly. This is a group effort. The Guild isn't some outside organization that's monitoring the company. It's you and your co-workers. So if you don't like something that's going on, you have every right (and maybe an obligation) to make yourself heard. Fixing and improving the way we operate helps everyone.
We succeed together, or we fail individually. It's that simple.
Post a Comment