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June 2014Vol 1, Issue 12
Your Voice 
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OPEIU Local 39 Newsletter
Greetings!
Lots of good information in this month's newsletter. We had a quorum at the Quarterly Membership Meeting, so the recap is below. One of the main agenda items was the status of the grievance filed against CMFG over reviews.

It isn't always a comfy place, being part of a Union. There's a reason we sometimes feel targeted: by politicians, the media, even our own companies. But the Collective Bargaining agreement is a contract  entered into by both groups in good faith. Neither side wants to be seen as breaking their word as represented by the language in the contract. Disagreements over contract language do happen, and that can lead to a grievance being filed. That's the start of a process to determine if anyone is messing up.

I hope you find the information below helpful.
In This Issue
Quick Links
Membership Meeting Recap
business-meeting-sm.jpg
We had a quorum! This is great, it allows the Union's business to be done. We had a review of our finances (in the black, I'm happy to report) and heard from some of the other units on how they are doing. Cliff Murray, Chief Steward at MG&E reports that it is pretty clear that health care will be a big issue in the next contract talks. There has also been an MOU (Memorando of Understanding) agreed to regarding the need for medical substantiation in some cases. Please contact Cliff for more information. We heard from Debi Eveland, Business Agent, on a broad overview of the other units, the biggest issue is the negotiation over the contracts for our independents that happened at the end of last month.
 
We quickly got to the main agenda item for most who showed up, the grievance against CMFG for the handling of the last round of reviews. First, to remind everyone, the latest round of reviews at CMFG at the end of March resulted in a number of surprising reviews and questions about how those reviews are conducted. The Chief Steward for CMFG, Karen Maund, along with our Business Agent, Debi, have made a series of information requests. Both sides have also asked and agreed to extensions so that the amount of information can be properly assessed. Our goals in filing this grievance are NOT to go to arbitration or to necessarily seek any sort of monetary settlement. Ultimately, this is what filing a grievance is all about: we are formally putting the Company on notice that we don't think they're abiding by the terms of the Collective Bargaining agreement in how reviews are performed. The grievance begins the process of gathering information and each side begins to make their case on how (in this case) reviews should be done according to the Contract both sides agreed to. The Union isn't seeking anything punitive, we just want reviews (if the Company has to have them) to be done fairly, especially now that top performers at CMFG can get  monetary bonuses. 
 
One issue under contention is something called "Forced Ranking." For years the company used this approach to force employees to fall somewhere along a "bell curve," resulting in some good employees being rated less-than-good because, well, SOMEone has to be. This year, the company says that they no longer use forced ranking, but, based on our evidence, some managers may still be using that discredited approach to reviews. Which raises the question, what IS the process that CMFG follows to arrive at the results of their reviews? The Union wants that question answered. We want to come to an agreement over what the process is so that we can be sure that the reviews live up to the agreed-upon goal in the contract: that reviews are fair. business_people.jpg
 
As part of the information requests, the Union got records on the results of the most recent review on EVERY represented employee, and how that compared to where they were ranked last year. We're looking into any of those that differed from the years prior, particularly those that moved downward. We've heard from some employees that they no longer want to have their names associated with the grievance, which is their right, of course. But it is also unfortunate. The more data points we have, the more easily we can prove whether or not the Company has conducted reviews fairly for all represented employees. The Union still has the data points, but we may no longer have the employee's views on the matter to help clarify the circumstances surrounding the review. In addition, we have discovered that not every employee takes the opportunity to write their own summary of the review. Writing a summary is VITAL, especially if the review is wrong in some way and needs a rebuttal. That rebuttal may be the first opportunity to get your word on the record. Even at this date, if your review didn't accurately reflect your performance, ask that the review be opened so you can do that. If you're told that it isn't done or isn't possible, contact the Union office.
 
As stated above, the goal of this grievance isn't to "take it to" CMFG and we really don't want this to be, or seem to be, any sort of fight. The grievance provisions in the contract allow for both sides to raise questions about how things are being done and to get those questions answered. That's what we're going for, and we'll keep you posted on what answers we get.
Retaliation
March on the Capital
As mentioned above, while we have had a number of people come forward to let the Union know that they had a problem with the last set of reviews at CMFG, when the grievance was filed, some employees have requested that we take their names off of the grievance. There can be many reasons why someone arrived at that decision, and it is entirely their right to decide what they want their name put to. 

Employees, used to the rhetoric (and sometimes the reality) of a combative approach taken by one side or the other in answering the question "Are we following the agreed-upon terms of the contract?" often feel that they don't want to get involved in any of that. They keep their head down, do their job, don't do anything to get in the middle, don't get involved. But the contract exists for the benefit of both the Company and the Union. It's something that both sides agree to in good faith, providing the explicit framework for how the Union and the Company will work together to keep Company successful.

The grievance process is how both sides have agreed to proceed when questions over how the contract is being followed come up. Our contracts are written in English, "... a language which makes up in obscurity what it lacks in style*." So, while each side is going to angle for what they see as in their best interests, once something has been grieved then it is up to negotiation, arbitration, or judicial review to determine. 

It is Federal law that employees can raise concerns about anything contract related -- from workplace safety issues to concerns about sexual harassment or discrimination to schedules and, yes, the reviews process -- and be free of the fear of reprisals. Even if there wasn't a Union here, any employee could call the Feds on a company that maintained a hazardous or discriminatory workplace. But YOU have a Union. That means, you don't have to be the one fighting that fight.

In a union workplace, you have Stewards (or, for smaller units, the Union Business Agent) to argue on your behalf. Under the law, Stewards have rights that most employees don't. Things that would get most of us fired for insubordination, Stewards, in the course of their duties, can say or do. If you see something wrong, if something wrong is done to you (like an unfair review or harassment or discrimination) get a Steward involved and let them take point. That's one reason why you pay dues.

People get concerned about "making things worse" for themselves, especially if they feel like they're already being scrutinized for every thing they do. Won't signing on to a grievance just put a big red flashing light on them? Isn't that just daring the Company to target them, to get rid of them? Actually, no. A grievance is a legal remedy, but it is something that can be handled between the two groups who signed the contract, and maybe an agreed-upon arbitrator if it comes to that. But retaliation? Targeting someone for speaking up? That makes it a Federal case. No, literally, a Federal case. No company wants to get the Feds involved. Retaliation cases are hard for companies to disprove, and they really don't want to go there. In many ways, being signed on to a grievance affords an employee greater protections than not. Once both sides are looking intently at a question, anything untoward happening will be noticed. 

Union Fish Ultimately, everyone gets to decide for themselves if they ever want to take part in a grievance. But "keeping your head down" and not calling in a Steward, not putting your name to a grievance, means you are out there all by yourself, trying to navigate the legal language of the contract and hoping that, maybe, things will get better. You pay dues and are represented by a Union. If you already feel "targeted" either by a bad review or because of some other possible violation of the contract, the best thing you can do for yourself and the Union, is to find a Steward and let the Union know what's going on. Then the rights afforded by Federal and State law can kick into gear, and you can be better protected. 
Upcoming Membership Meetings
Unions = Gym Membership
Membership meetings are held the third Wednesday of the second month of the quarter, at 5:30 PM at the Local office. What does that actually mean?

 

August 20th 2014
November 19th, 2014
February 18th, 2015
May 20th, 2015 


This is your Union. Your participation gives us the tools we need to face the continued opposition of both companies and politicians. We strive to make the meetings relevant and to the point. Please  stop by and participate in the democracy that is your Union.
The relationship between Company and Union is often portrayed as unfailingly combative. When both groups are acting in good faith, the mechanisms for resolving conflict can be followed without fear of reprisal or recriminations. And, no matter how it goes between the representatives discussing the issues, there are ways that you can protect yourself, as the process grinds on. 
 
Take care, and enjoy the summer.
 
In Solidarity,
 
OPEIU Local 39
Copyright OPEIU Local 39. Content written and/or edited by David O. Engelstad