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<blockquote data-quote="UPS Preloader" data-source="post: 1166029" data-attributes="member: 29235"><p><span style="font-size: 12px"><span style="font-family: 'arial'">My interpretation of the By-laws would say no, it is not correct. What you have stated above I believe only applies to situations when a final offer / strike authorization vote has been approved which is not the case yet. Before the strike authorization vote is taken, I believe the following applies:</span></span></p><p> <span style="font-size: 12px"><span style="font-family: 'arial'"></span></span></p><p><span style="font-size: 12px"><span style="font-family: 'arial'">Where further bargaining results in a revised tentative agreement, the proposal shall be submitted to the affected members for another vote in accordance with the provisions of Article XII, Section 1(b).</span></span></p><p><span style="font-size: 12px"><span style="font-family: 'arial'"> </span></span></p><p><span style="font-size: 12px"><span style="font-family: 'arial'"><strong>ART. XII, SEC. 1 </strong>(b). Agreements shall either be accepted by a majority vote of those members involved in negotiations and voting, or a majority of such members shall direct further negotiations before a final vote on the employer’s offer is taken, as directed by the Local Union Executive Board. During negotiations, the Local Union Executive Board may order a secret ballot strike vote to be taken and when, in the judgment of the Local Union Executive Board, an employer has made a final offer of settlement, such offer must be submitted to the involved membership for a secret ballot vote as hereinafter provided:</span></span></p><p> <span style="font-size: 12px"><span style="font-family: 'arial'"></span></span></p><p><span style="font-size: 12px"><span style="font-family: 'arial'">Once again, my interpretation is that what you have stated applies to a final offer / strike authorization vote, but unless past practice dictates otherwise I could see it being challenged...</span></span></p><p> <span style="font-size: 12px"><span style="font-family: 'arial'"></span></span></p><p><span style="font-size: 12px"><span style="font-family: 'arial'">The by-laws state the following: Ratification or rejection votes with respect to <strong><u>master agreements </u></strong>shall be determined by all involved voting members on a cumulative basis of all votes cast as follows:</span></span></p><p> <span style="font-size: 12px"><span style="font-family: 'arial'"></span></span></p><p><span style="font-size: 12px"><span style="font-family: 'arial'">(1) If at least one half of the members eligible to vote cast valid ballots then a cumulative majority of those voting in favor of the final offer shall result in acceptance of such offer; and a cumulative majority of those voting against acceptance of the final offer shall authorize a strike without any additional vote being necessary for such strike authorization. A tie vote shall be resolved as provided in Section 1(b)(l) of this Article.</span></span></p><p> <span style="font-size: 12px"><span style="font-family: 'arial'"></span></span></p><p><span style="font-size: 12px"><span style="font-family: 'arial'">(2) If less than half of the eligible members cast valid ballots, then a two-thirds (2/3) vote of those voting shall be required to reject such final offer and to authorize a strike. The failure of such membership to reject the final offer and to authorize a strike as herein provided shall require the negotiating committee to accept such final offer or such additional provisions as can be negotiated by it.</span></span></p><p><span style="font-size: 12px"><span style="font-family: 'arial'"> </span></span></p><p><span style="font-size: 12px"><span style="font-family: 'arial'">Technically they are not voting on a Master Agreement, they are voting on a Supplemental Agreement to the National Master Agreement. I know this is a stretch, but I could see this being challenged by one of the locals if things don't go their way.</span></span></p><p><span style="font-size: 12px"><span style="font-family: 'arial'"></span></span></p></blockquote><p></p>
[QUOTE="UPS Preloader, post: 1166029, member: 29235"] [SIZE=3][FONT=arial]My interpretation of the By-laws would say no, it is not correct. What you have stated above I believe only applies to situations when a final offer / strike authorization vote has been approved which is not the case yet. Before the strike authorization vote is taken, I believe the following applies: Where further bargaining results in a revised tentative agreement, the proposal shall be submitted to the affected members for another vote in accordance with the provisions of Article XII, Section 1(b). [B]ART. XII, SEC. 1 [/B](b). Agreements shall either be accepted by a majority vote of those members involved in negotiations and voting, or a majority of such members shall direct further negotiations before a final vote on the employer’s offer is taken, as directed by the Local Union Executive Board. During negotiations, the Local Union Executive Board may order a secret ballot strike vote to be taken and when, in the judgment of the Local Union Executive Board, an employer has made a final offer of settlement, such offer must be submitted to the involved membership for a secret ballot vote as hereinafter provided: Once again, my interpretation is that what you have stated applies to a final offer / strike authorization vote, but unless past practice dictates otherwise I could see it being challenged... The by-laws state the following: Ratification or rejection votes with respect to [B][U]master agreements [/U][/B]shall be determined by all involved voting members on a cumulative basis of all votes cast as follows: (1) If at least one half of the members eligible to vote cast valid ballots then a cumulative majority of those voting in favor of the final offer shall result in acceptance of such offer; and a cumulative majority of those voting against acceptance of the final offer shall authorize a strike without any additional vote being necessary for such strike authorization. A tie vote shall be resolved as provided in Section 1(b)(l) of this Article. (2) If less than half of the eligible members cast valid ballots, then a two-thirds (2/3) vote of those voting shall be required to reject such final offer and to authorize a strike. The failure of such membership to reject the final offer and to authorize a strike as herein provided shall require the negotiating committee to accept such final offer or such additional provisions as can be negotiated by it. Technically they are not voting on a Master Agreement, they are voting on a Supplemental Agreement to the National Master Agreement. I know this is a stretch, but I could see this being challenged by one of the locals if things don't go their way. [/FONT][/SIZE] [/QUOTE]
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