Friday, June 1, 2012

Divide and Conquer

Right now, our employer is holding meetings every day in the Midtown auditorium. These meetings are all under the usual guise of being for "informational" purposes, being conducted by "impartial" or "ambivalent" 3rd parties.

These are paid Union Avoidance experts, otherwise known as "union busters".

One of them may or may not have worked for the NLRB at some point, but they most definitely do not work for the NLRB now.* The NLRB is a government agency; they do not send people to "inform" workers in situations like this.*

*(Update #1: There seems to be a few different reports about how one of the presenters, Kia Stevens, is presenting herself. Among them:


- She works for or used to work for the NLRB

- She's a teacher of labor law somewhere
- She's a physical therapist who had a bad/good experience with unions


Very strange. Hopefully we will find out more tomorrow when all the vocally pro-union teachers are herded into a meeting together. If anybody has attended a meeting, post a comment about who she said she was to help clarify this.)


Update #2: LOL. I just realized something: Both Jay and Kia at our "training meeting" on Tuesday acknowledged Update #1 of this post, but yet said they had no idea when they were told that we were all pro-union people.


And we still don't know who the heck this Kia person is...unless we're just to believe our company would stick "a physical therapist who just knows a lot of about unions" next to a legal heavyweight like Jay to be to one to advise us about the NLRA and NLRB practices. They must really think we're stupid.

So far, these meetings have only been for people who Kaplan has deemed to be anti-union or undecided. People who have been vocally pro-union people have not been invited to attend. Some of us have asked to attend, and were turned down for "scheduling reasons". One Three even showed up at meetings asking to attend, and were turned away at the door. Kaplan has canceled other people's classes to have these meetings, yet many pro-union people who don't have a class at these times were not invited, even though it's in a large auditorium.

They may invite vocally pro-union people to a separate meeting next week. With us isolated from everyone else, they won't have to worry when we call out on their distortions and misrepresentations.


One distortion that has surfaced from these meetings is about the "Exclusive Representation" part of the NLRA. It's an attempt to scare people into thinking they will be giving up all their rights to the union. Here is what the NLRA really says:


REPRESENTATIVES AND ELECTIONS
Sec. 9 [§ 159.] (a) [Exclusive representatives; employees' adjustment of grievances directly with employer] Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, shall be the exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment.


This means that if we elect a union to negotiate a collective bargaining agreement for us, management must bargain the contract with that union. They can't go around the union or bargain with a different union. It says nothing about what can or can't happen after the collective bargaining agreement has been signed.

The NLRA, signed into law by FDR in 1935, is a fantastic document that is all about protecting workers' rights. Read it here:

https://www.nlrb.gov/national-labor-relations-act

10 comments:

  1. How is this any more "divide and conquer" than what you are doing on this website? You have a right to get your opinion about the union out through this blog, and they have a right to say why they think they don't need a union.

    Seems fair enough to me.

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    1. Hello person who writes discrediting comments! This blog is open to anyone to read it. Kaplan is choosing who to give their "information" to based on who they perceive is pro, anti, or undecided.

      They are not interested in giving people the full facts, or they would give them the chart from the Bureau of Labor Statistics that shows on average, those who are affiliated with a union earn about 35% more than those who are in the same non-union jobs (http://www.bls.gov/news.release/union2.t02.htm).

      In addition, if anyone is worried about keeping their jobs, they may feel it is mandatory to sit and listen to Kaplan's manipulated information. This blog can be read at your leisure if choose to do so or not.

      Big difference!

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    2. The BLS statistics are misleading. Of course union members make more than non-union members nationally. Where are most of the union employees located?? In high cost of living states like New York, California, Pennsylvania, New Jersey, etc. States with lower unionization also have lower costs of living. Imagine making $100K in NYC vs. South Carolina. It is a big difference. We are teachers so let's actually apply some critical thinking to that BLS data...

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    3. present progressiveJune 2, 2012 at 10:08 AM

      "Imagine making $100K in NYC vs. South Carolina"
      Anonymous, I could not imagine making $100K in NYC ... I am lucky if I pull in $25K. Are you actually a teacher at Kaplan?

      Anyway, I don't know if it's true that NY state unionizes more than other states ... but if the BLS stats are based on more expensive states like NY, and we are living and working in NYC, the most expensive city in the country, then I don't see how these statistics would be misleading for us and our purposes. Are you saying that these statistics are somehow misleading because they are based on the exact place that we are located?

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    4. "We are teachers so let's actually apply some critical thinking to that BLS data..."

      Yes good idea. Why don't you start by informing us all on all on how the BLS is organizing this data? Thanks.

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    5. I have worked for union companies and non-union companies in the same city in the same industry and the difference was clear. My income and the benefits I got were much better when I worked for unionized companies. It's not just cost of living. Employees of unionized companies get more.

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  2. present progressiveJune 1, 2012 at 4:48 PM

    1. The blog is open to anyone to read and comment. Notice that all anti-union comments are published along with the pro-union comments. There is no "dividing" at all. It is the exact opposite of what Kaplan is doing by not inviting all teachers to participate.

    2. I heard that the teachers who get to attend these meetings get paid at the teaching pay rate ... if that's true, then that means that Kaplan is paying teachers double the usual pay rate to attend meetings so that they can sway their vote. And the pro-union teachers are getting paid the regular rate for any meetings they attend this week. That seems to me like they are financially punishing teachers for their opinions.

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    1. That's a pretty serious accusation. If you can back it up you should go to the NLRB. If not then you have nothing, and you're setting up a Straw Man to stir up trouble for its own sake.

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    2. present progressiveJune 2, 2012 at 3:08 PM

      Well I can only back it up by saying that a teacher who was invited to the meeting (not I, as I was not invited) told me that he was paid his teacher's salary to attend the meeting. He also said that some people were paid for cab fare to the meeting. I, for one, have never received cab fare or even subway fare for attending any Kaplan meetings.

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    3. Or, Kaplan, I mean, Skeptic, we could back it up with the simple fact that not all teachers are being invited, and the ones who are invited are getting paid at a teacher's rate as opposed to the other general, all teacher meetings for training rate. Simply, unequal treatment and opportunity. What justification can the company provide for the exclusion of any teacher? Would I be wrong about that? Honestly, I'd love to get paid $19 an hour to just sit in a chair before my class... Or, maybe I should be glad that I wasn't invited, since I don't seem malleable... I really could use that $19 bucks though, that would almost cover my subway fare to and from work for one week...

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