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Is Central States pension fund ready to go under?
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<blockquote data-quote="JonFrum" data-source="post: 197847"><p><strong>The Status Quo? . . . I don't know.</strong></p><p></p><p>Nospinzone,</p><p></p><p>Please re-read my post. I clearly said that federal, state, and local laws would remain in effect during the negotiation phase. Rape and pillage, and all other criminal acts, would still be illegal. I also said the NLRB's rules that prohibit Unfair Labor Practices remain in effect. But the contract between the Teamsters and UPS ceases to apply the day the NLRB certifies the APWA and decertifies the Teamsters. It's like when a man divorces his wife: when the divorce becomes "final," the marriage contract disolves. </p><p></p><p>This is the third post that you have used the term "status quo." Before, you seemed to say the entire contract continued in force after the official change of bargaining agents, now you seem to be conceeding that the status quo applies only to mandatory subjects of bargaining. There are a limited number of such mandatory subjects, everything else is non-mandatory. And there will undoubtedly be disputes over which subjects really are mandatory. These are negotiations with UPS after all. So would you at least conceed that there is no status quo protection when it comes to all the many non-mandatory subjects? The mandatory ones would be protected under the Unfair Labor Practice rules, but of course, enforcing those rules will be a major ongoing problem, as enforcing the current contract is now.</p><p></p><p>The Teamsters contract with UPS will no longer apply. Just read the contract and notice how it makes constant references to the Teamsters (IBT), and its Local Unions. How can this language logically apply when you just decertified them? How, to take just one example, can a decertified BA represent you, or process a grievance, or sit on a grievance panel when you just fired him and stopped paying his salary? </p><p></p><p>Ideally, the APWA should post an online version of the contract and highlight each clause they claim will still apply after decertification. Then we can all see how many such clauses there are, whether their applicability makes sense, and how likely UPS is to honor them. </p><p></p><p>I'd also like to see more official quotes about this crucial concept of "status quo." I looked for it on the NLRB website when you first raised it but couldn't find anything.</p><p></p><p>Do you agree that on the day the APWA is certified, dues payments to the Teamsters stops, as does contributions to the pension and health & welfare funds? </p><p></p><p>What happens if negotiations drag out past the one year mark and the APWA looses its NLRB protected status?</p></blockquote><p></p>
[QUOTE="JonFrum, post: 197847"] [b]The Status Quo? . . . I don't know.[/b] Nospinzone, Please re-read my post. I clearly said that federal, state, and local laws would remain in effect during the negotiation phase. Rape and pillage, and all other criminal acts, would still be illegal. I also said the NLRB's rules that prohibit Unfair Labor Practices remain in effect. But the contract between the Teamsters and UPS ceases to apply the day the NLRB certifies the APWA and decertifies the Teamsters. It's like when a man divorces his wife: when the divorce becomes "final," the marriage contract disolves. This is the third post that you have used the term "status quo." Before, you seemed to say the entire contract continued in force after the official change of bargaining agents, now you seem to be conceeding that the status quo applies only to mandatory subjects of bargaining. There are a limited number of such mandatory subjects, everything else is non-mandatory. And there will undoubtedly be disputes over which subjects really are mandatory. These are negotiations with UPS after all. So would you at least conceed that there is no status quo protection when it comes to all the many non-mandatory subjects? The mandatory ones would be protected under the Unfair Labor Practice rules, but of course, enforcing those rules will be a major ongoing problem, as enforcing the current contract is now. The Teamsters contract with UPS will no longer apply. Just read the contract and notice how it makes constant references to the Teamsters (IBT), and its Local Unions. How can this language logically apply when you just decertified them? How, to take just one example, can a decertified BA represent you, or process a grievance, or sit on a grievance panel when you just fired him and stopped paying his salary? Ideally, the APWA should post an online version of the contract and highlight each clause they claim will still apply after decertification. Then we can all see how many such clauses there are, whether their applicability makes sense, and how likely UPS is to honor them. I'd also like to see more official quotes about this crucial concept of "status quo." I looked for it on the NLRB website when you first raised it but couldn't find anything. Do you agree that on the day the APWA is certified, dues payments to the Teamsters stops, as does contributions to the pension and health & welfare funds? What happens if negotiations drag out past the one year mark and the APWA looses its NLRB protected status? [/QUOTE]
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