Guild to review proposed benefit cut

The Times Union is proposing to eliminate a benefit to district managers, and the Guild is investigating whether that action would violate the contract.

District managers receive a flat weekly allowance for the use of their cars, with the amount varying depending on what depot they work from. The contract language, which is still in effect, says that the allowance can be dropped if the employees are transferred to another district or “there is a marked reduction in their districts or mileage driven.”

To investigate the Company’s action, the Guild is asking the Company to document the factual basis for its action for each and every district manager. Once we receive that information, we will review it with the affected personnel. We will then determine whether the Company’s action is in violation of the contractual language.

The amount district managers receive each week can vary from approximately $15 to $30 a week. District managers now oversee not just the delivery of the Times Union, but The Record, Gazette, Saratogian, NY Times and other publications as well.

“The Company cannot just unilaterally decide to end a negotiated benefit,” said Guild President Tim O’Brien. “It must follow the contractual language. It is the Guild’s role to investigate any proposed changes in benefits and to determine whether those actions are permissible under our contract.”

The union has invited district managers to provide their input, and it will continue to keep them advised throughout the discussion.

Union role leads to job for Stacy Wood

Last week, Guild President Tim O’Brien had the honor to introduce the newest employee of the AFL-CIO’s Workforce Development Institute at a breakfast of labor leaders.

She is a familiar face to Guild members: our former colleague Stacy Wood.

Stacy served as a member of our bargaining team and on our Executive Board. She was known for her fairness, honesty, integrity and her willingness to stand up for her colleagues even when under pressure herself. Not only did Stacy always keep her sense of humor, she even volunteered to keep helping the bargaining team even after taking a buyout.

Stacy’s involvement in the union has now paid off with a new job as a regional program assistant with the Workforce Development Institute.

“My experience working with the Guild provided me with the knowledge and personal connections I needed to make a career change,” Stacy said. “I am not sure I could have made the transition had I not been involved with the Guild. It is really gratifying to know the work I am doing now enriches the lives of others, and you couldn’t find a better group of people than those in the labor community.”

In these economic times, it makes sense for employees to have a backup plan. Activity in the Guild can be a great way to add experience to your resume. The Capital Region is home to many labor unions, which have their statewide offices here, as well to political leaders, both Democrat and Republican, who are labor friendly. Union activity can also demonstrate your leadership skills.

The Guild now has an opening for a vice presidential slot on the Executive Board. If you’re interested, let us know. We will be scheduling an election shortly.

Company clarifies parking policy

The Times Union has clarified the new parking rules: No one will be towed if they stay past the length of a normal work day and employees will not find their cars gone if they carpool with c0lleagues after work.

In a letter by attorney Mark Batten, the Company said, “the Guild expressed concerns about whether an employee’s car might be towed because he or she went out with colleagues for a drink after work, for example, or because the employee is working a shift that does not correspond to a “normal work day.” The answer is no. The Company does not intend to tow cars in such situations.”

Batten noted the Company  permits employees to leave their cars in the parking lot for extended periods. It is simply seeking notice if an employee plans to leave a car in the parking lot ”for an unusual length of time.”

“Such routine, day-to-day matters as going out to dinner has never resulted in the towing of a car, and will not in the future,” Batten wrote. “The Company also obviously understands that the definition of a “normal work day” may vary among bargaining unit members depending on their shift, and the policy does not impose a single dawn-to-dusk rule that would cause inconvenience for those employees.”

The letter addresses the concerns raised by many of our members when the e-mail announcing the policy changes was sent out. As a result of that clarification, the Guild withdrew its charge with the National Labor Relations Board challenging the legality of the policy being imposed without negotiation.

Members approve pension fund merger

Members approved a merger of the Guild pension fund into a Hearst fund by a 45-14 margin Tuesday.

Turnout was relatively low, partly due to the fact that a delay in getting a written agreement meant the vote had to happen Christmas week.

The decision clears the way for the pension trustees to vote Wednesday on merging the two funds. In return for the merger, the parties have agreed benefits will continue to accrue at current levels for the next two years. At the end of 2011, however, the Company could make decisions to reduce or freeze benefits without the union’s input. Any benefits earned to date, or over the next two years, are protected and cannot be reduced once they are earned.

“Our members weighed the benefits and risks and considered what is happening both in the newspaper industry and with pensions in general,” Guild President Tim O’Brien said. “The Company should realize, of course, that with great power comes great responsibility. Our members agreed to allow the merger in order to make the fund more financially secure. Future  decisions about pension benefits should be based on the fund’s financial health and not any other factors including a corporate desire to ’get out of the pension business.’ The retirement health of employees is based on their ability to get a pension.”

 The company must continue to contribute the 85 cents an hour into the Hearst fund to pay for our pensions. That money comes from wages that were deferred over the years. Any change in that contribution must be negotiated.

The Guild also made clear it retains the right to bargain over pension benefits in the future.

Guild pension vote will be Tuesday [updated]

The merger agreement language was finalized Friday, clearing a way for a vote on Tuesday.

The vote will be  from noon to 2 p.m. and 4:30-6 p.m. Tuesday at the Colonie Public Library.

Like you, we are frustrated that the company’s delay in producing a written document is pushing a vote into Christmas week. We understand some employees have previously scheduled holiday parties then.

There is little excuse when the conceptual agreement was reached Dec. 2 not to have had a written agreement before Dec. 18.

The language change in the contract is simpler and an agreement has been reached. It would simply remove the reference in Section 14.C that refers to the fund having joint trustees. Publisher George Hearst and President Tim O’Brien have agreed on that language change.

At the meetings, our aim is to have the trustees discuss the proposal with you and answer your questions before you decide.  

Guild President Tim O’Brien issued a statement explaining his position, which is that members need to vote with a complete understanding of all the pros and cons and the potential impact of their vote. Many of you have heard from Chief Steward Ray Pitlyk as well, who strongly supports the merger proposal. Other Executive Board members also will speak at the meeting, but we hope most of the time will be taken up by questions and answers before you vote.

As soon as we get word that the final merger document is in hand, we will rush out a flier. The challenge, of course, is that we continue to work at our jobs while we wait for the lawyers to finish.

To vote, you must be a member in good standing, which means no more than 30 days in arrears. It does mean some people will have to pay several months of dues before they can vote, but we have repeatedly encouraged members not to fall behind to prevent just such events.

Waiting for the lawyers

Dear colleagues:

I know you’ve been waiting for some word on the pension. At this point, the pension fund lawyer, who is independent, has read the proposed merger agreement and raised a number of questions and concerns. We are awaiting the response from the Company’s lawyers.

We need the lawyers to work out the final language before we can bring it to you. We hoped to do so by early next week. It may have to wait until after the holidays if we don’t get the language worked out soon. (The Dec. 31 deadline, it turns out, is not hard and fast.) We certainly won’t want to have a vote Christmas week, when many people are off.

You will have to be a member in good standing in order to vote. That means you can be no more than 30 days in arrears in your dues. Please make the effort to catch up now. We would like all our members to participate in this very important vote.

We’ll keep you posted when we have more information. We know the delay is frustrating.

Officers join in a statement of unity

After a contentious week of sharp disagreements publicly aired, Thursday marked a day of unity and recommitment to purpose for the Guild.

First, the Guild is pleased to announce that Ken Crowe and Christine Wright have agreed to remain on the pension board as trustees, and they concur the membership must vote before a merger of the fund can occur. They did so after a legal opinion from Guild International attorney Barbara Camens indicated the contract required such a membership vote.

You can read her opinion here.

A vote cannot be scheduled, however, until the Company puts its proposal in writing. It has not yet done so, and the union sent Company leaders a letter after its Executive Board meeting Thursday urging them to do so.

At the Executive Board meeting, the officers unanimously approved a statement of principles as suggested by International Representative Jim Schaufenbil. The principles were moved by Chief Steward Ray Pitlyk and seconded by President Tim O’Brien (who handed the chair to First Vice President Lindsay LaFountain in order to do so).

The principles are:

* Agreement of all board members that a ratification vote is legally required to merge the pension plan.

* The union and trustees agree to negotiate with the company to protect pension benefits as long as possible. That agreement needs to be in writing. We retain the right to negotiate pension benefit changes in the future through collective bargaining.

* That we would work together in settling our differences.

* The Executive Committee and the Guild pension trustees all acknowledge they are ultimately accountable to the membership.

* Executive Committee votes should be taken in a forum where all members have adequate notice and opportunity to present debate on the issues.

* The Executive Committee reaffirms its goal to get a reasonable, honorable contract with the Company.

Board to discuss pension at 5:30 p.m. today

The Guild’s Executive Board will meet at 5:30 p.m. today, and certainly the pension issue will be a top topic of discussion. International Representative Jim Schaufenbil is coming to the meeting to help the board members come together in a consensus.

As was mentioned at Tuesday’s membership meeting, the Executive Board meetings are always open to the members. They occur on the second Thursday of each month at the Guild’s office at the Albany Labor Temple, 890 Third St. in the city of Albany. Call 482-9218 if you need help with directions.

The Guild is still awaiting a written proposal from the Company on the proposed merger. Once that is received, it must be reviewed by counsel and final language agreed upon before it is sent to the membership for a vote. Normally it would take 15 days to call a membership meeting, but the Executive Board can  call an emergency meeting with two days’ notice.

The union leaders are working to put together a fact sheet on the issue for members to be distributed and posted to the Web site. The fact sheet will be reviewed at tonight’s board meeting so that all members have the chance to speak their piece on what should be included.

Guild members must vote on pension merger

If the Guild pension plan is to be merged with the Company’s plan as proposed, it is an action that can only be taken by one group: the membership.

Section 14.C. of the contract, on page 32, states: “The Fund will be maintained in accordance with applicable law as a jointly administered trust fund…” This language remains in effect, and the Company made no proposal to alter it in our negotiations.

The only way that a merger can be approved is if it is negotiated with the union and a change to that language is ratified by the membership. You get to decide.

That was the legal advice provided by our counsel, Barbara Camens, after the meeting Wednesday. We are still awaiting a written proposal from the Company.

Ms. Camens made clear that the pension trustees would be in violation of the contract and the law if they voted to move the plan without a vote of the membership. Unfortunately, some of our trustees were poised to do just that. As a result, we made the heart-renching decision to remove two of them.

One of the two was told repeatedly that a vote of the membership should be done, and this person instead insisted this was an action that could be unilaterally taken by the trustees. That is not true and goes against the advice of our counsel, our contract language and the best interests of our membership.

Some have expressed the belief that this step was taken in order to prevent the merger from happening. This is not true. We are still awaiting the Company’s written proposal, we will review it with our attorneys and we will respond appropriately.

In the end, neither the Executive Board nor the trustees will make this decision. Only the membership has the authority to do it. It’s in your hands.

Guild reaches conceptual agreement on pension merger

Guild pension trustees reached a conceptual agreement Wednesday with the Company to merge the union pension plan with a company one.

The decision was not an easy one to make. With the fund likely to face shortfalls of $1 million or more a year starting in 2011, the trustees had a choice between facing making cuts to the benefits or hoping that the move to the more solidly financed company plan would help retain benefits into the future.

The decision won’t be final into an agreement is reached on the exact language. The Guild has scheduled an informational meeting at 12:30 p.m. Friday, Dec. 11, at the Colonie Town Library to discuss the decision with members.

The Company was willing to guarantee pension benefits only for the next two years, through Dec. 31, 2011.

“This was a difficult decision for the trustees to reach. We did it after much debate and consultation with Guild Local President Tim O’Brien and International officers and staff,” trustee Ken Crowe said. “Our goal has always been to preserve our pension benefits going forward.”

Under federal law, pension benefits earned to date, and under the agreement over the next two years, are protected and cannot be reduced.

“I want to thank the trustees for all their efforts,” Guild President Tim O’Brien said. “It is not easy to have to decide what  to do to best secure your colleagues’ pensions for as long as you can.”

Besides Crowe, the other trustees are Mark Corelli, Christine Wright and John Runfola. They were joined Wednesday by O’Brien, Chief Steward Ray Pitlyk and Melissa Nelson, collective bargaining director for the Guild International and a past Albany president and pension trustee.