New tdu article on halt to ratification
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DriveInDriveOut
Inordinately Right
The Constitution says when it is presented as a final offer use section 2d. It doesn't say you can only present it as a final offer.
You'll notice section 2b says a majority passes the agreement with no minimum voting threshold.
(b). If a majority of the votes cast by the involved membership approve such agreement, it shall become binding and effective upon all Local Unions involved and their members.
Mugarolla
Light 'em up!
Let's do it again. It is in black and white. It says final offer.
Article XII CONTRACT RATIFICATION, WAGE SCALES, DISPUTES OVER JURISDICTION
Section 2(a). If a majority of the affiliated Local Unions vote to participate in area, multi‑area, national, multi employer, company wide, or industry wide negotiations for an area, multi‑area, national, multi‑employer, company wide, or industry wide agreement (hereinafter “master agreement”), all involved affiliated Local Unions shall comprise a multi‑union unit, be bound by such vote, must participate in such master agreement bargaining and shall be bound by the agreement approved as provided below. Upon completion of negotiations by any commit‑ tee designated as hereinafter set forth to engage in negotiations of a master agreement, such agreement shall be submitted to the membership involved in such negotiations for their approval or rejection as the final offer in accordance with Section 2(d) herein.
d(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
dogs.bite.me
Well-Known Member
Fifty percent is required on the final offer And it calls a strike as well. We weren’t looking to strike, just to reject the offer.
They are talking a loose interpretation of they article.
Nowhere did ups say this is our best , last and final offer.
Mugarolla
Light 'em up!
OK.
Who says the Company did not tell the NNC that this was the final offer that they accepted and sent to us to vote on.
Nobody has confirmed, or denied, that.
Mugarolla
Light 'em up!
Where you involved in the negotiations. How do you know what UPS told them?
Time for change
Well-Known Member
That is typically made available for the members to factor into their decision.
Mugarolla
Light 'em up!
As we can all tell from this debacle, nothing has been typical of this contract.
From the Union recommending it in the first place, to Hoffa imposing, to UPS willing to renegotiate......
Mugarolla
Light 'em up!
Incorrect.
It authorizes a strike.
Section 2
The failure of such membership to reject the final offer and to authorize a strike
Delivery!!!
Well-Known Member
If UPS told them this is a last best and final offer, fair representation says they need to convey that to the members prior to a vote.
you Ron, gonna vote your ass out! I can’t even stand the stewards in our building (Grande Vista); they fraternize with management inside and outside of work. Corruption runs deep, time for a big change.
Mugarolla
Light 'em up!
It does not have to be a last, best and final offer.
It just has to be a final offer.
Section 2
When in the judgment of the negotiating committee the involved employer has made a final offer of settlement
Take this how you think it means.
dogs.bite.me
Well-Known Member
Because it was an agreement.
A final offer is when there is no agreement and the corporation says this is it. This is the best you'll get.
At that point, union puts it to a vote, urging a no vote usually, and they get the 2/3s no and call a strike, which then gets the company to cave on their offer or not.
Mugarolla
Light 'em up!
Additionally
Section 2
(c). When the final offer has been rejected in accordance with this Section, it shall constitute authorization for a strike. The Local Union Executive Board shall have the discretion to call a strike at such time and under such terms and conditions as it may determine, recognizing that applicable law may require additional conditions to be satisfied before a lawful strike may be conducted.
Mugarolla
Light 'em up!
Incorrect.
UPS can say this is the final offer and the Union could accept it, recommend it, and vote on it.
dogs.bite.me
Well-Known Member
au·thor·ize
ˈôTHəˌrīz/
verb
- give official permission for or approval to
Call
Verb
announce or decide that (an event, especially a meeting, strike, or election) is to happen.
You're right, I used the wrong verb, but the point is still the same.
We already authorized the strike, so no need to use the 2/3 rule.
dogs.bite.me
Well-Known Member
How do you explain the message that they were going to meet with the ibt right after the results?
It is clear it is not a final offer.
Also freight proves it. They are not on strike.
Attachments
Mugarolla
Light 'em up!
Yes, we already authorized a strike.
But rejecting a final offer does not instantly implement a strike. The Union will still see if the Company is willing to renegotiate.
If they are not, then a strike may be called.
