trplnkl;
You seem to be say that an implication in the contract - only an IMPLICATION and only in the CONTRACT - would allow UPS to change wage terms unilaterally in a "employee represented" situation. Unfortunately, that's just not the case. Again, if it were, I'd submit that every time UPS wanted to make a contract proposal, it would "bribe" targeted employees with raises (at least temporarily) which, under the terms you're assuming, would be a "go"...and I'm telling you right now that's there's a body of law/regulation which simply wouldn't allow it to fly. Period.
Don't get me wrong....I'm all FOR the company having such discretionary power! Unfortunately, it doesn't. End of story.
OK, what law says what you are contending? I would be more than happy to know.
My point was that you said it was NOT in the contract, and it isn't verbatim. Tell me something, is everything in the contract taken as written? No it is not.
As for your "Hole #1", I don't think attorneys representing each side are quite the same as a coercive body of law and authorities REQUIRING parties to "negotiate"...do you? With that in mind, how many times have you seen unions make charges with the NLRB that the company isn't "negotiating in good faith"? And, pray tell, what is "good faith"...except for a recognition that the company DOESN'T WANT TO BARGAIN TO BEGIN WITH and, furthermore, would NOT bargain unless FORCED to do so by an outside authority. Such an outside coercion, to my mind, means that no TRUE bargaining, or agreements can be reached...if simply because the essence of any TRUE "bargaining" and/or agreement is the option of EITHER party to SIMPLY WALK AWAY! Tell me, do you think UPS is allowed to do that?
You keep throwing the word coercive around, would care to give me an example of that?
The failure to negotiate in good faith can mean many things, one would have to read the actual NRLB complaints to know the details.
UPS has walked away from the bargaining table many times, refusing to negotiate, because they had issues they didn't want to make changes in. The union has also walked out, many times and for the same reasons.
In 1997, the company presented their "Best and Last" offer and walked away from the table. Everyone in the world knew dang well that a strike was to follow, and it did. When it came down to the Teamster MEMBERS staying out and a very small % crossing the line, UPS came back to the table and a settlement was worked out. The union employees got most of what they were asking for and the company made lots of money.
You said it all with your comment of....
"Of course, the company would prefer not to deal with the teamsters, their shyster lawyers would have a field day negotiating with a handful of truck drivers."
...because, after all, if the company would prefer NOT to deal with the teamsters, then why ARE they dealing with the Teamsters? Because of the economic power of the Teamsters alone? Give me a break!
Two reasons the company HAS to deal with the Teamsters. NO 1. The employees of UPS has given them the authority to due so. NO 2. The federal government in an effort to protect American workers for bloodsucking companies said that when a certain % of the employees vote to give the union that responsibility the company had to deal with OUR chosen representative.
Despite the coercive power granted unions to force "agreements" - which would seem to be all to your benefit - there's one glaring problem; in the long run, it doesn't seem to work.
Please enlighten me on what "agreements were FORCED and how that was done.
Innovative, profitable companies are always going to be seeking a way around it,
Your preaching to the choir here, I know full well that UPS looks for ways to circumvent the contract.
usually to the detriment not only of the union and it's members, but to the workers they once employed (and would have CONTINUED to employ, if it weren't for the union!) generally.
You're probably right about this part, because if it were not for the union, UPS would have us all working 12 hour days without overtime pay and at 10 bucks an hour tops. So what jobs they can, the move overseas so they can exploit people that have no one to look out for them.
For example, do you think all those jobs have jumped overseas because American unions have acted RESPONSIBLY? Do you think that the American steel industry is a shadow of what it once was in SPITE of union "participation" in it? Do you actually believe - in spite of all the evidence - that it's NOT the UAW's fault for the Big Three being in the shape they're in today? And in the trucking industry, is it pure coincidence that while a couple of decades 47 of the 50 largest LTL trucking companies used to be "Teamster", but only two of them remain in business today?
I'll be the first to admit that some of the UAW/Big three contracts were stupid and careless. There are/were provisions in them that were absolutely ridiculous.
Now you may call it "negotiating"...as when rioters holding a gun to a local grocery store owner's head may call it "negotiating". And you have a right to call it what you will. However, employers - much like that grocery store owner I just mentioned - might be inclined to think of it as something .else...and act accordingly.
That takes the asinine award for idiotic statements. COME ON... what a far fetched example. I am so very disappointed in you.
In the shopkeepers case, it's likely he'll move out of the neighborhood (as has actually occurred in too many cases)...while the employer will move his jobs elsewhere, or simply go out of business.
Think it can't happen to you (not "you" specifically, but UPS Teamsters generally). Well, perhaps you might take a look around and think again. Remember REA? Remember when (just a few years ago) CFWY was a big dog in freight? Remember when UPS was almost totally "Teamster" (what with actual Teamster membership well below 50% of the company's employees today). Remember when the company's major profit growth centers were centered around Teamster employees?
There has been more than one non union company try to overthrow UPS's position in the shipping industry. Two of them are no longer in business. DHL's US domestic didn't have a union but they did have the government of Germany behind them...GONE. RPS was heading south on the express lane when FedEx bought them and they (FedEx grnd)were struggling to keep things going even before the economy started diving. Tell me again how being non union has helpped them? Even Federal Express is not doing as well as UPS during these times.
Sorry, but I can't help but believe, over the long run, that so-called "negotiated contracts" as you hold them to be aren't good for labor - "organized" or unorganized. Impositions on innocent, productive parties rarely, if ever, breed positive consequences.
Innocent?? who the heck are you talking about?
If you truely believe that UPS would pay a decent wage to all the employees, treat them with respect, provide benefits, and take care of them in their years of retirement, you have drunk too much of the UPS cool-aid.
Lastly, got a kick out of your "it's a waste of time to even reply to" comment. How many Teamsters over the years now have I heard say basically the same thing when they have no logical and/or reasonable response to make regarding a situation to which they choose to keep their heads buried in the sand? Far, far too many.
It's pretty hard to have a logical/reasonable response to illogical/unresonable statement. again, COME ON...let's at least try to make examples sensible. That's like a sup giving you 11 hours worth of work and asking you why you couldn't do it in 9. Stupid, that's all I can come up with.
P.S. - In answer to your final question, "Yes", I did spend several years behind the wheel of a UPS vehicle. However, I hope you can discern from my comments that my experience with the company goes a bit beyond such a limited exposure frame.
Yes is very obvious that it is been way too long since you had to actually work for a living. Does your boss let you go home on the weekends?