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The
following is factual information regarding unions and answers to frequently
asked questions. We firmly believe that you are entitled to know the facts
concerning union representation. To that end, we are committed to updating
this question and answer section as frequently as necessary to answer
common questions.
Submit
your questions anonymously with
this form--CLICK HERE.
Q.
I'm not for or against a union at this point. Why shouldn't I
sign a card?
A. An authorization card is a legal document. It says that you
are turning over your collective bargaining rights to the officials of
this union, people you may have never seen before. Once you turn a signed
card into the union, it becomes the union's property. If you change
your mind, the union has no obligation to return it to you. Before
you sign an authorization card, make sure you have all the facts to make
an informed decision.
Most authorization
cards will ask for your address and phone number. By asking for this information,
the union is pretty much saying that you will be hearing from the union
at home. It might be literature or bothersome phone calls at home. Or
it might be annoying union organizers coming in person, trying to get
more information on ABX, and names and addresses of other employees that
might sign cards.
Q. Doesn't signing an authorization
card just mean we will have an election? I won't have to vote for a union,
just because I sign a card would I?
A. You are absolutely correct that you wouldn't have
to vote for the union just because you signed a card. However, there are
a lot of dangers associated with allowing a union drive to reach the stage
of an election. Employees who are against allowing a labor union to take
over their job rights would be put under tremendous peer pressure to vote
for the union. The same people who are telling you to sign a card "just
so we can have an election" could be calling you a "coward",
a "traitor", even a "scab" if you subsequently chose
not to vote for the union. It is very divisive, turns employees against
employees, and ruins productivity in the process. No airline wants to
go through the turmoil of a full-fledged union election. That is why we
are doing everything in our power to educate employees at this stage about
what is really at stake if a union got voted in here at ABX.
Q. Doesn't having a union automatically
mean getting higher wages, better benefits and better working conditions?
A. No. No union can guarantee you anything. If
the union won an election, the only thing they would win is the right
to bargain with management--nothing more. There are no other guarantees.
No one knows what will happen in the give and take process of collective
bargaining. You could end up with more, you could end up with the same
thing you started with, or you could end up with less. Anyone who says
differently is not telling you the truth.
Q. How long would the negotiations
last if the APWU were to win an election?
A. No one really knows, but it is almost certain that
it would be a long time. First, there would be direct contract negotiations,
which could easily last a year or more. The law does not require that
the employer agree to any union demands that it does not believe are in
its best interests. If no agreement had been reached, the mediation stage
would begin which also could take months and even years. APWU's record
for negotiating contracts with private employers shows that the average
first contract takes about 23 months, but in at least one case it has
been 59 months and they are still negotiating.
Q. What would happen to my pay and
benefits during the many months and even years that it might take to negotiate
a first contract with a union?
A. Under the RLA, it is entirely up to the Company to
decide what it wants to do with wages and benefits during the entire time
it takes to negotiate a first contract. Almost all companies freeze general
increases that are given annually during first contract negotiations,
with the object of making the union bargain for any increases. Some companies
freeze all increases including longevity increases. At ABX, this means
that it would be well within our rights to freeze pay scales and all pay
step increases until the first contract has been negotiated.
Q. Could the union set the job standards
and pay rate for each employee?
A. No. A union can only ask that ABX consider its proposals.
The Company does not have to change any job standards or rates just because
a union asks us to.
Q. Could the union force ABX to do
away with work rules?
A. No. Our rules are necessary so that ABX will operate
in an orderly fashion. All companies have work rules, including union
shops.
Q. How much would I have to pay in union
dues?
A. The APWU has stated in one of their Fact Sheets that
dues are generally between $9-$10 a week. That ends up being $36-$40 a
month. That amount quickly adds up to hundreds of dollars that employees
would pay in dues. The Dues Calculator
illustrates how quickly dues money can multiply over the years when dues
are $36-$40 a month. Union dues could be increased later by the union.
You may pay a certain amount now, but what will it cost a year or two
from now?
Belonging to a union could cost even more than just dues. Besides dues,
unions often require contributions to strike funds, building funds, special
project funds, or for political action with which you may not personally
agree. If an employee refuses to pay these assessments, his union membership
may be suspended. A union may also fine its members who violate any one
of the many union rules. Some unions have sued their members to collect
fines.
Q. If the union ever won an election,
would I be required to pay dues or fees to the union even if I did not
want or vote for the union?
A. Almost certainly. If a union is elected, it will be
speaking for all employees in the bargaining unit as a group, regardless
of how an individual employee voted. One of the biggest priorities for
any union is negotiating what is known as a "union security clause".
A union security clause requires all employees in the group to pay dues
or what is known as "agency fees" to the union even if they
choose not to belong to the union. In many cases it also requires the
employer to fire any employee who refuses to pay. The APWU has negotiated
such clauses in their contracts with private employers. As a negotiable
item, the employer will typically demand that the union give up something
else in exchange for such clause. The union will also want a "dues
checkoff" provision in a contract, which means that dues are automatically
deducted from employees' paychecks. We think it's fair to ask, if the
union badly wants a union security and a checkoff clause, what does the
union have to sacrifice in order to get these things? The answer is everything
you now enjoy. Remember, if a union is voted in it speaks for and binds
everyone, like it or not, good deal or bad. The Company's goal will shift
to doing what's best for the Company.
Q. Why does the APWU have a Constitution,
and how would it affect me?
A. All unions are required by the federal government
to have constitutions that they are supposed to make available for all
of their members to read. These constitutions contain numerous rules and
regulations that would be absolutely binding on you if the union was voted
in and you were forced to join the union. Click
here to read the constituion.
Q. What is an LM-2 report and how
can I get a copy?
A. An LM-2 (formally called a "FORM LM-2 LABOR ORGANIZATION
ANNUAL REPORT") is an annual financial report every union in this
country is required to file with the U.S. Department of Labor. Union LM-2
financial reports are public records. Click
here to see APWU's LM-2.
Q. Could the APWU strike to force
the Company to give higher wages and benefits?
A. Under the RLA, the union is prohibited from striking
during the bargaining process. Once a deadlock is reached during negotiations,
the union or Company can apply for the services of a mediator. Once the
mediator comes in, the bargaining process continues with the mediator
present. Still, under the RLA, the union is not allowed to strike. Only
when the mediator determines that the parties are deadlocked and arbitration
is rejected, can a thirty-day cooling off period run, at the end of which
the union is finally free to strike. This is typically years from the
time of the original election.
Q. What could happen during a strike?
A. During a strike, the Company has the absolute right to continue
its operations. It can do this by using management people to perform the
work, subcontracting the work, or hiring replacements for economic strikers.
What this means is that after the strike is finally over, the Company
is not required to take back striking employees and displace replacement
employees. Strikers must wait until there are openings.
Q. What should I do if I don't want
the APWU or any other labor union controlling my job rights?
A. Let your co-workers know that this is how you feel.
You have just as much right to express your opinions as the union supporters
have to try and sell their union. It is important that your co-workers
understand that it is just not ABX management but the majority of our
employees that don't want a union to represent them. Whether you are opposed
to unions, or are pro-union, the company's No
Solicitation/No Distribution Policy applies in how and where views
are expressed.
Q. I've been told by union supporters
to keep quiet if I'm opposed to being unionized? I want to stay out of
it. Should I?
A. We don't think so. You are involved. The results will
affect you and the company for a long time. Don't be intimidated. Speak
up. You have the same right to express yourself on this important issue
as the people who are in favor of the union. While it may seem as though
you are alone at first, there will be others in the group who agree with
you.
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