NLRB Update in Presidents Corner 3-4-10 / Chiefs Corner.......
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Friends and Allies,
Please see the below alert from the Capital District Area Labor Federation. PLEASE TAKE ACTION BELOW TO SUPPORT THE HOTEL WORKERS.
As all of you know on January 28th, we met and celebrated the worker's victory at the Holiday Inn Express, Latham. An NLRB settlement had been reached including the reinstatement of the fired workers, full back pay and a new election. A month later the hotel is completely disregarding the law and the conditions we all fought so hard for. On Feburary 4th, the strikers made a unconditional request to return to work. Federal Labor Law requires immediate reinstatement of Unfair Labor Practice Strikers, but instead, the company largely avoided their communications and stalled. Finally, on 2/19, the hotel called the strikers and told them to attend a meeting on 2/22. We had all assumed that this meeting was intended to return the strikers to work. In fact, we held off on filing new Unfair Labor Practice charges for back pay for the intervening two weeks as a sign of good faith. Instead, at this meeting the HR Manager fired the strikers and informed them that new management had taken over and told them they could apply to the new company. To date, only two strikers were reinstated, the rest have not. In addition, Craig Prusky, one of the original fired workers was once again terminated from his job. This is clearly Morrell's latest scheme to refuse to respect the employees' right to organize. With this latest move, Morrell may be positioning himself as the greatest labor law violator in the US, if he hadn't already achieved that dubious distinction. The union has made multiple attempts to explain to the "new management" that it is responsible for the company's past actions. There disregard for these worker's rights leave us no choice but to renew our campaign against Morrell and his union busting behavior. Join us for a huge public rally at the Holiday Inn Express at, on TODAY, Wednesday, 3/10, from 4-6, at 400 Old Loudon Rd in Latham.
Holiday Inn Express Trashes Agreement-Workers Fired!
Holiday Inn Express Repudiated Settlement Agreement
As all of you know on January 28th, we met and celebrated the worker's victory at the Holiday Inn Express, Latham. An NLRB settlement had been reached including the reinstatement of the fired workers, full back pay and a new election. A month later the hotel is completely disregarding the law and the conditions we all fought so hard for.
On Feburary 4th, the strikers made a unconditional request to return to work. Federal Labor Law requires immediate reinstatement of Unfair Labor Practice Strikers, but instead, the company largely avoided their communications and stalled. Finally, on 2/19, the hotel called the strikers and told them to attend a meeting on 2/22. We had all assumed that this meeting was intended to return the strikers to work. In fact, we held off on filing new Unfair Labor Practice charges for back pay for the intervening two weeks as a sign of good faith.
Instead, at this meeting the HR Manager fired the strikers and informed them that new management had taken over and told them they could apply to the new company. To date, only two strikers were reinstated, the rest have not. In addition, Craig Prusky, one of the original fired workers was once again terminated from his job.
This is clearly Morrell's latest scheme to refuse to respect the employees' right to organize. With this latest move, Morrell may be positioning himself as the greatest labor law violator in the US, if he hadn't already achieved that dubious distinction.
The union has made multiple attempts to explain to the "new management" that it is responsible for the company's past actions. There disregard for these worker's rights leave us no choice but to renew our campaign against Morrell and his union busting behavior.
Join us for a huge public rally at the Holiday Inn Express at, on Wednesday, 3/10, from 4-6, at 400 Old Loudon Rd in Latham.
As a winter blast roared into Albany, New York, the workers who have been fighting for a union at the Latham Holiday Inn Express turned a support rally into a victory celebration. They were joined by labor supporters, politicians and notably a busload of workers from IUE/CWA Local 81359, who are fighting their own battle against union-busting. The largely female workers of Workers United Local 471 have been on the picket line for the better part of a year.
WATERFORD, NY — The National Labor Relations Board (NLRB), the Federal agency responsible for enforcement of the National Labor Relations Act (NLRA), issued a complaint against Momentive Performance Materials, Inc. of Waterford, New York on January 21, 2010.The NLRB charges Momentive with numerous violations of the NLRA.The violations include the Company’s implementation of substantial modifications, including wage reductions, to the terms of the labor contract with the IUE-CWA, the Industrial Division of the Communications Workers of America, and its Local 81359.The charges include that the Company:
changed the wage scale, wage rates and wage-step progression;
changed the Upgrading and Job Notification Procedures and qualifications for bidding on new jobs;
changed the job descriptions and job classifications;
changed the practice ofemployees covering higher paid positions and the overtime procedure; and
bypassed the Union and dealt directly with its bargaining unit employees.
The Charge further states that by its conduct the Company has failed and refused to bargain collectively and in good faith with the Union.The NLRB is seeking restoration of the wage scale, wage rates, wage?step progression, job descriptions, job classifications, the upgrading and job notification procedure, and the overtime procedure.The NLRB is also seeking back pay and interest to compensate those who have suffered severe wage loss.
Local 81359 continues to support the Company’s efforts to ensure the long term viability of its Waterford operations, but believes that long term success requires a partnership between the Union and the Company.The Company’s first step toward partnership requires restoring our members’ wages.
The complaint will now be prosecuted by the NLRB at a trial before an Administrative Law Judge.The trial is scheduled to begin April 5, 2010 at 1:00 p.m. at the National Labor Relations Board, Leo W. O’Brien Federal Building, Room 342, Albany, New York, and will be open to the public.
http://blog.timesunion.com/business/momentive-cuts-some-workers-pay-makes-temporary-layoffs/5625/Never forget the HISTORY!
Captain Jack Sparrow supports LOCAL 81359 Arrrr!
Rally on January 12th was AWSOME ! Thanks to everyone that attended! TOOO many Labor friends to list and an unbelievable turnout of our members in a show of support! We will be putting a slide show together and will put out to Capital District Labor Federation,Labor Councils and AFL-CIO to pass out.
Special thanks again for everyone keeping professional and staying SAFE! No incidents.........
350 workers' salaries to be restored at Momentive
(Not the hourly Union workers).
Tuesday, December 22, 2009
By DANIELLE SANZONE, For The Saratogian
WATERFORD — In a welcomed holiday season announcement, Momentive Performance Materials, located in southern Saratoga County, is reinstating the salaries of 350 employees who were required to take a temporary 7.5 percent pay cut earlier this year. While this action will help about 100 employees at the company headquarters in Colonie and another 250 at the Waterford silicone plant,more than 400 union members who had their hourly pay cut by an average of 25 percent did not have their pay returned to what it was before the new wages were set in January.
Chief shop steward John Ryan, a representative for the IUE-CWA Local 81359 union who handles grievances, said he also took offense to the timing of the announcement.
“It’s great for the salaried employees, but the workers we represent are still dealing with huge pay cuts which were imposed about a year ago. It shows how little the company thinks of union employees. The timing of it all is insulting and a slap in the face. It’s quite the Christmas present to the union,” Ryan said.
Along with rescinding the pay cuts for salaried employees, the company is also reinstating the employees’ normal work hours since the affected workers were required to take a paid week off each financial quarter.
It was with this paid time off every three months that union officials also took issue. “Due to the paid vacations, it doesn’t seem like these salaried employees really got a pay cut. It’s all for show,” Ryan said. The union, representing about 600 hourly employees, has a pending case with the National Labor Relations Board, which made a preliminary decision earlier this month and agreed with several of the union’s complaints.
The company made the original reductions, for salaried professional and administrative employees, to help the company endure the poor state of the economy. The company’s CEO and his leadership staff, however, will continue to have a 10 percent pay cut, said Momentive spokesman John Scharf.
“Momentive took several temporary steps in 2009 on a global basis to protect the company and help prepare for the economic recovery that we are now beginning to see,” he continued. “Throughout 2009, our employees demonstrated their dedication and commitment to serve our customers, work effectively with our suppliers, improve our productivity and meet all of our obligations to financial institutions and shareholders. We are grateful for the efforts that each employee has made in a very challenging environment.”
About 2,100 people globally were affected by the recent action to rescind the pay cuts from March, said Scharf who added that he too was affected by the reinstated salaries.
The company continues to suspend their 401(k) matching program and tuition reimbursement to save on costs.
“It was our first priority to reinstate work hours and pay. The company will continue to view these other actions as temporary and will review them on a quarterly basis,” said Scharf, who clarified that the pay cuts to union members were exempt from this review since that was a permanent move to realign their pay scale with the local labor market.
The Waterford plant was sold by General Electric and purchased by New York City-based Apollo Management in December 2006.
This latest article has to do with the petitions signed by many of Local 359 members at the Christmas Party trying to get this work practice stopped. There is a national campaign happening in the capital district by the wife and co-workers of the Union brother that lost his life in Selkirk this summer. Sad….. Another example of the arrogance of Management and bad decisions! Take the time to read this!!!!!!! Think about the work pratice changes happening here and be careful.............
The Campaign to Stop Single-Employee Railroad Crews by Jon Flanders( Great news story)
Check out this link for campaign to help Rail Workers
Soon after she became the nation's labor secretary, Hilda Solis warned corporate America there was "a new sheriff in town." Less than a year into her tenure, her aggressive moves to boost enforcement and crack down on employers for workplace safety violations have some employers scrambling. ABC News Go to the Full Story...
Brothers and Sisters, just a reminder on your rights under OSHA,
You have a right to a safe and healthful workplace. That's why Congress passed the Occupational Safety and Health Act of 1970, requiring employers to provide workplaces free from serious recognized hazards and to comply with occupational safety and health standards. The Occupational Safety and Health Administration (OSHA) wants every worker to go home whole and healthy every day. The agency was created by Congress to help protect workers by setting and enforcing workplace safety and health standards and by providing safety and health information, training and assistance to workers and employers. Am I covered by OSHA?
If you work in the private sector, you are covered by an OSHA regional office under federal OSHA or an OSHA program operated by your state government. Public sector workers in states that run their own OSHA programs are covered by those states. Public sector workers are not covered in states under federal OSHA jurisdiction.
State OSHA Programs
The Occupational Safety and Health Act authorizes states to establish their own safety and health programs with OSHA approval. Twenty-two states operate state OSHA programs covering private sector workers as well as state and local government employees. (In addition, Connecticut, New York, New Jersey and the Virgin Islands cover state and local government employees only). State OSHA programs must be at least as effective as the federal program and provide similar protections for workers. Some states set their own standards; others adopt federal rules. All state programs conduct inspections and respond to worker complaints. All states also provide other safety and health services, such as on-site consultation for small businesses.
Federal Employees
Federal workers are covered by their agencies. By Presidential Executive Order, federal agencies must maintain an effective safety and health program that meets the same standard as private employers. But federal agencies cannot be fined for violating health and safety standards, except for the U.S. Postal Service, which now falls directly under OSHA's jurisdiction and is treated as a private employer.
What are my rights under OSHA?
The OSH Act grants workers important rights. Workers have a vital role to play in identifying and correcting problems in their workplaces, working with their employers whenever possible. Often, employers will promptly correct hazardous conditions called to their attention. But workers also can complain to OSHA about workplace conditions threatening their health or safety. They can file complaints in person, by telephone, by fax, by mail or electronically through this website.
What are workers' responsibilities?
OSHA requires workers to comply with all safety and health standards that apply to their actions on the job. Employees should:
Follow the employer's safety and health rules and wear or use all required gear and equipment.
Follow safe work practices for your job, as directed by your employer.
Report hazardous conditions to a supervisor or safety committee.
Report hazardous conditions to OSHA, if employers do not fix them.
What are employers' responsibilities?
The Occupational Safety and Health Act requires employers to provide a safe and healthful workplace free of recognized hazards and to follow OSHA standards. Employers' responsibilities also include providing training, medical examinations and recordkeeping.
What is an OSHA standard?
OSHA issues standards or rules to protect workers against many hazards on the job. These standards limit the amount of hazardous chemicals workers can be exposed to, require the use of certain safety practices and equipment, and require employers to monitor hazards and maintain records of workplace injuries and illnesses. Employers can be cited and fined if they do not comply with OSHA standards. It is also possible for an employer to be cited under OSHA's General Duty Clause, which requires employers to keep their workplaces free of serious recognized hazards. This clause is generally cited when no OSHA standard applies to the hazard.
What can I do if I think my workplace is unsafe?
If you believe working conditions are unsafe or unhealthful, we recommend that you bring the conditions to your employer's attention, if possible. Your employer may want to contact OSHA or your state consultation service in order to gather information about how to improve working conditions.
You may file a complaint with OSHA concerning a hazardous working condition at any time. However, you should not leave the worksite merely because you have filed a complaint. If the condition clearly presents a risk of death or serious physical harm, there is not sufficient time for OSHA to inspect, and, where possible, you have brought the condition to the attention of your employer, you may have a legal right to refuse to work in a situation in which you would be exposed to the hazard.
You may file a complaint with OSHA if you believe there may be a violation of an OSHA standard or a serious safety or health hazard at work. You may request that your name not be revealed to your employer. You can file a complaint on this web site, in writing or by telephone to the nearest OSHA area office.You may also call the office and speak with an OSHA compliance officer about a hazard, violation, or the process for filing a complaint.
Can I be punished or discriminated against for exercising my rights?
The OSH Act and other laws protect workers who complain to their employer, union, OSHA or other government agencies about unsafe or unhealthful conditions in the workplace or environmental problems. You cannot be transferred, denied a raise, have your hours reduced, be fired, or punished in any other way because you have exercised any right afforded to you under the OSH Act. Help is available from OSHA for whistleblowers.But complaints about discrimination must be filed as soon as possible–within 30 days of the alleged reprisal for most complaints.
Has my employer ever been inspected by OSHA?
You can research your employer's inspection history through OSHA's Establishment Search. Type in the name of your company and choose the dates you want to cover.
What is the most commonly cited hazard in my industry?
Does OSHA provide technical information on hazards?
OSHA provides technical information to assist workers, employers, and safety and health professionals in reducing occupational injuries and illnessess. Find information on bloodborne pathogens, machine guarding, ergonomics or fall protection, for example.
What materials does OSHA have of interest to workers?
OSHA publishes a variety of publications on a range of subjects. The agency also offers free software advisors to help employers comply with OSHA standards. Some of the most useful publications for workers are listed below. See OSHA Publications for a complete listing of agency printed materials or to order publications online.
Early this morning ,a busload of our Members attended a field trip to Corporate Woods to visit our headquarters and show that IUE-CWA Local 81359 is still fighting the fight on the unilateral changes made by MPM at the Waterford Facility. We thank each and every member that was able to come out and show support at this event. We have many pictures of the event including videoand we are currently working on getting them out on our WEBSITE, Please thank Daryl and John who organized the event and the many others that attended and carried signs and chanted for the rest of the members back at the plant. We will be doing more of this and will be selecting specific locations in the near future. We also thank Local #7 for the use of their inflatable "RAT".
In Unity, Dom and the E-Board.
Update from a Member,
Today(7/22/2009), for the second time in less than a week, I had the privilege to walk a picket line, accompanied both times by Union President Dominick Patrignani, Local 81359. The first was a bus trip to Corporate Woods, Albany NY, temporary home of the Momentive Performance Materials corporate headquarters. This first experience was Monday(7/20/2009), this union action was an effort shared by 40 plus officers and members of local 81359. It was an endeavor to once more notify Momentive leadership that their failure to honor our three year,agreed upon, legally binding contract was not acceptable. This action was complete with signs,chants(What do we want? Our Money! When do we want it? Now! and others),a fifteen foot inflatable rubber rat, news media coverage and a visit from Colonie's finest. The two hour demonstration was rewarding but also left those attending with the realization this was just one small step en route to our goal of justice, to regain stolen wages and benefits! And today's second experience....Dominick and I had the privilege, for about two hours, to walk a picket line at the Holiday Inn Express,400 Old Loudon Road, Latham, NY with members and hopeful members of "Worker United" Local 471. If you haven't viewed their 6 minute informational video( http://www.shameonjimmorrell.com/index.php?option=com_content&view=article&id=47&Itemid=61 ) then I suggest you do! Their battle is with local businessman Jim Morrell, who not only owns Holiday inn Express but also owns several local auto dealerships and radio stations. We marched with Becky Wallis, the woman featured in the video, several other of her striking co-workers, members of local 471 that had driven in from Syracuse, and members of several other local unions(about 30 total). This march was also complete with signs,chants and cops! These woman were some of the gutsiest, most focused, energetic and determined crusaders I have ever encountered and feel privileged to have been able to tell Becky that I was proud to have the opportunity to meet a person of such courage and tenacity! Becky is the star of the YouTube video on the website. She was among the group that was fired for trying to organize a union to petition Jim Morrell, Holiday inn Express owner, for improved wages and benefits. It was their feeling that the $8 per hour and the $40 to $160 weekly health care cost was not fair compensation for their efforts and commitment in helping make Holiday Inn Express a success. Becky and her group picket the location every Wednesday between 4-6 PM. They welcomed all that joined them with open arms as I'm sure they will do again when we return, and will welcome any of you with the same enthusiasm, in their fight for fair treatment and justice!
