A Message from the Guild

Greetings! June Guild election likely; Find out more at meeting Wednesday

Dear Kaplan ESL Teachers,

Well, what do you know, before we could even say how do you do, your managers have already started saying things about us, and not very nice things either.

We’re the Newspaper Guild of New York, a union that represents more than 2,800 employees at 18 companies, mostly in the news business. We’re here because a group of your colleagues asked us to be the workplace representative of Kaplan ESL teachers in New York City. The idea caught on pretty quickly, because a large majority of teachers have already signed cards designating us to represent them (if you haven’t already signed a card, you’re still welcome to do so).

Because so many teachers want us to represent them, we asked the U.S. National Labor Relations Board to schedule an election. That process is now getting sorted out.

ELECTION - The NLRB will conduct an election in which you’ll get to vote on whether you want the Guild to represent you.  We expect the election will be held in early June -- at a time between classes -- at each of your three work locations (Midtown, Empire State Building andEast Village). We’ll have details soon.

Between now and election day, you’ll be reading and hearing a lot of things about what it means to be represented by us, versus what it means to remain unrepresented.

YOU CAN'T BELIEVE EVERYTHING YOU READ
The first thing you should know is that you can’t believe everything you’re going to hear and read. And we’re not just saying that because we don’t like having bad things said about us. We’re saying it because it’s true. The National Labor Relations Act doesn't require companies or unions to be truthful when they communicate with employees. There are certain things that employers are not supposed to say at times like this, but plain old fibs aren’t among them.

So, since it’s not against the law for Kaplan or the Guild to spew out half-truths or untruths, you should scrutinize everything you hear and read very carefully. Kaplan is being advised by a very sophisticated law firm, Jones Day, which is also helping Wal-Mart with its Mexican troubles. For our part, the Guild will always be open and upfront with you. But you should find that out for yourselves.

Between now and election day, we’ll explain how having a union can help make your lives better, just the way it’s made life better for millions of American workers. We’ll be doing this in meetings, emails and other forums. And we’ll answer any questions you have. We hope you’ll take the time to learn all you can, because you’re standing on the brink of a tremendous professional opportunity.

MEETING – You’re invited to meet us this Wednesday, May 9 at 6 p.m. at our office in Times Square, 1501 Broadway Suite 708 (between 43 and 44^th Streets). We’ll tell you about ourselves and what you can expect in the coming weeks and months. We know you may be meetinged out by now after your sit-downs with management. We’ll try to keep it short. And we won’t take attendance.

Now, to set the record straight after Friday’s email from David Jones:

Mr. Jones says you will be bound by any agreement reached between the Guild and Kaplan.

What he doesn’t tell you is that Guild contracts set minimum salaries. Nothing stops Guild members from individually negotiating more pay than the contractual minimums (nothing, that is, except their bosses). Many Guild members at many different employers make more than their contractual minimums. What members can’t do, however, is negotiate individual medical or benefit plans. Could they do that if they didn't have a union? Well, technically yes, but good luck with that.

Mr. Jones says the Guild requires all of its members to pay a certain amount of dues.

What he doesn't tell you is that, well, that's simply not true. Most of our contracts require dues payments, but there are some exceptions, including the one with Newsweek magazine, which was formerly owned by the Washington Post Co., Kaplan's parent. That said, we believe a universal dues-paying requirement is the fairest way to go, and contracts that include it are better than those that don't. But we don't make that decision alone. A contract that requires dues payments must first be accepted by you in a pre-bargaining vote, agreed to by Kaplan, approved by your colleagues on the bargaining committee and ratified by you.  Dues, by the way, are 1.3846 percent of your base earnings, and you only pay when you get a paycheck.

Mr. Jones says that at the end of the negotiating process, you could get “the same, more, or less than what you have now.”

What he doesn't tell you is that the odds are you will do better with collective bargaining than going it alone. Median weekly earnings for all union members are 29 percent higher than for nonunion workers ($938 vs. $729), according to the U.S. Bureau of Labor Statistics. Union members are also far more likely to have better health care and retirement plans then their nonunion counterparts. Every employer insists that the pay and working conditions it offers are driven by its business needs and the market. But some of them are paying 29 percent more, and those are the ones whose workers bargain collectively. Does having a union guarantee that you'll do better? No, but given the odds, doesn't it make sense to go with the percentages? 

Mr. Jones says Kaplan cannot generally change teachers’ wages, benefits or other working conditions during organizing or while an election is pending.

What he doesn't tell you is that Kaplan must maintain the status quo, whatever it may be, during this period and – if the teachers vote in favor of the Guild – until a contract is reached. “Status quo” includes any regular practice, such as a regular practice of awarding raises or bonuses at certain times of the year. Such practices must continue. Mr. Jones also said Kaplan created a full-time teacher position and changed summer schedules in response to teacher requests and needs. We asked around and no one knows anything about the summer schedule change. As for full-time teacher positions, we know of only four (not counting head teachers), and management never asked you if that's what you wanted. Meanwhile, there are part-time teachers who are working 40 hours a week because of doubled-up schedules, but they aren't getting full-time benefits.

Mr. Jones says that if you don’t like the contract the Guild negotiates, you're stuck with us for at least a year.

What he doesn't tell you is that if the Guild is rejected by a majority of teachers in the upcoming election, you would be barred from having another union election for at least a year, even if Kaplan cuts your pay, which it would be free to do without a contract. If Kaplan teachers choose the Guild and no contract is negotiated in the following year, the Guild can be decertified at any time after that, if that is the will of the majority. If a contract is negotiated it will be up to you to decide if you want it. It's not a contract unless it gets majority backing. That's what we mean by democracy in the workplace. Now, when was the last time you got to vote on anything that affected your working life at Kaplan?

-The Newspaper Guild of New York

 Bill O’Meara, President

 Peter Szekely, Secretary-Treasurer

 Anthony Napoli, Local Representative

 Nastaran Mohit, Organizer