You probably all got this lovely e-mail from CEO David Jones. Mr. Jones is very concerned about the union effort, but please ask yourself why. Is it because he feels that a union isn't going to represent the teachers fairly and might not help us get the pay, benefits, and job security we deserve? Or is it more likely that he doesn't want to deal with the hassle of bargaining with the union, and then suffering through the infinitesimal loss of profit that paying us living wages and offering us a decent healthcare plan would cause. I think it's the latter, but that's just my two cents.
Do you think Mr. Jones has your best interests at heart? Do you feel comfortable contacting him and trying to negotiate a better contract for yourself? I mean, he did send us an email, so I'm sure his door is open to us, right? Yeah, I didn't think so either.
Now, let's take a look at this e-mail he sent, and see what is true and what is a distortion of the truth ....
QUESTIONS AND ANSWERS ON GUILD ORGANIZING
Question: If the Guild wins an election and negotiates a contract, will I be able to choose whether to be subject to its terms?
Answer: No. If the Guild is elected and you are part of the bargaining unit the Guild represents, you will be bound by the terms of any agreement the Guild reaches with KIC for as long as the agreement is in effect. You will not have the ability to “opt-out” of coverage or to negotiate the terms of your own employment with KIC.
This is true, but think about what it means. If the guild negotiates a contract on our behalf, probably a contract for better pay, better healthcare, and better job security ... and then we vote in favor of this contract (a contract must be voted on BY US in order to go into effect ... then and only then will we pay 1.3846% of our salary as union dues. I don't know about you, but I only intend to vote in favor of this contract if it is worth 1.3846% of my pay. Right? We're only going to vote in favor of a contract that helps us. And if the contract helps us, why would you want to opt out of it?
Question: I am a part-time teacher. Would I have to pay union dues if the union is elected?
Answer: Yes. The Guild requires all of its members to pay a certain amount of dues once a collective bargaining agreement has been executed. While there are certain exceptions to the minimum amount required, part-time teachers in the bargaining unit would be subject to the minimum requirements unless you make $50 or less a week or meet one of the other exceptions, such as being unemployed or on an unpaid leave of absence.
Maybe Mr. Jones doesn't realize that our school is pretty much run by part-time teachers. It is only a very select few of us who have full-time jobs. So yeah, the union wouldn't make much sense if it wasn't comprised of the part-time teachers as well as the full-timers. But again, if the contract was favorable and we were gaining something from it, hence why we voted it into place, why wouldn't we pay dues for it in return?
Question: How does the collective bargaining process work?
Answer: If the Guild is elected, a few people would likely be designated as the bargaining representatives for everyone. KIC would have an obligation to meet and bargain with the Guild in good faith over wages, hours, benefits and other terms and conditions of employment and would of course do so. But the law does not require KIC (or the Guild) to agree to any particular demand. With or without the Guild, KIC will need to have wages, hours, benefits and other terms and conditions of employment that are consistent with our business needs and the marketplace. Also, it can take a long time to negotiate a contract. As you know from the Washington Post/Guild example, even with longstanding relationships, it sometimes takes years. For another example, the last Guild contract with the New York Times expired on March 31, 2011. They still have not agreed on the terms of a new contract. Finally, at the end of the negotiation process between KIC and the Guild, you could get the same, more, or less than what you have now. Absent agreement or impasse, the existing terms and conditions of employment remain in place throughout the negotiations.
Yes, negotiating is difficult. Sometimes it takes a long time. And sometimes one side does not want to give in because they don't want to lose money, even though the money they'd be losing would be an investment in the well-being of their hard-working employees. So what Mr. Jones is saying is that the negotiation might take a long time because they really don't want to pay us more or give us better benefits. However, we don't pay dues until a negotiation is reached, and we vote in favor of the contract. Why would we vote in favor of a contract where we get the same as we have now? Why would we vote in favor of a contract where we get less? The answer is: we wouldn't. If KIC refuses to budge during the negotiation process and an agreement cannot be reached, then we will be in the same place we are now. No contract, and no union dues. But isn't it worth trying?
Question: Why doesn’t KIC just sit down with us in advance of a vote, learn what employees’ concerns might be and address them?
Answer: As you know, in the past, KIC has made changes in response to teacher requests, such as implementing the full-time teacher position and changing summer schedules to accommodate teacher needs. However, under the law, KIC is not generally permitted to change teachers’ wages, benefits or other working conditions during a union organization campaign or while an election petition is pending.
Do you feel your needs are being met? Do you feel you are paid enough to support yourself comfortably? To pay your rent? To pay off your student loans? Do you feel you have adequate health coverage? Do you feel secure that if you had a medical problem that it would be covered under our health insurance plan? Do you feel that you will be accommodated with the summer schedule? Do you feel that you have a shot at a full-time position at Kaplan? I can't speak for everyone, but for me the answer is a resounding "no" to each and every one of the above questions.
Question: If we are not happy with the contract the Guild negotiates, can’t we just get the union decertified?
Answer: If you don’t like the contract the Guild is able to negotiate for you, it is not easy to get the union decertified. No petition for decertification can be filed for at least a year after the election, and when it is filed, a majority of the members of the bargaining unit who vote have to agree that they do not wish for the union to continue to represent them. Also, unions usually oppose decertification efforts quite strenuously.
This is extremely misleading. If we don't like the contract that the Guild negotiates for us, then we can vote against it. The Guild has one year to negotiate a contract on our behalf. If they cannot negotiate a contract that we are happy with by the end of the year, then we can vote to disband the union. Now, if we vote in favor of the contract (presumably because we like it), then we cannot vote to disband the union until the contract is up. But why would we do that? At that point we would have a contract that we approved of!
Any questions? Comments? We'd love to hear from you.
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