CSEA TO IMPOSE MANAGEMENT'S TERMS AND CONDITIONS WITHOUT FULLY AND FAIRLY BARGAINING WITH AEU -- UNFAIR LABOR PRACTICE CHARGES TO BE FILED
The Emperor Has No Clothes
It was a proud day for AEU on Thursday, September 26th when rank and file AEU members did not hesitate to challenge CSEA Executive Director Dave Low’s sudden declaration of impasse in the hastily called statewide conference call that many of you attended. The night before, Dave sent an email to President Hendries with a cover letter and attachments purporting to be a last, best and final package proposal. The letter indicated that Dave would be imposing the package on October 1st without further discussion with AEU. When asked to confirm that the package proposal to be implemented was never presented to AEU across the bargaining table, Dave had the audacity to state that he had no obligation to do so. For over one and one-half hours, one AEU member after another stood up and repeatedly challenged both Dave’s bad faith bargaining tactics and his own moral fiber as the leader of the largest classified union in our nation. AEU members directly called Dave out on his hypocrisy. We are sure that the hypocrisy was apparent to everyone in the room and on the line. The emperor has no clothes. One member asked Dave as a unionist whether he honored picket lines. Dave said “yes.” That same member then asked whether Dave would honor an AEU picket line. Dave said “no.” Another member asked Dave whether he would advise CSEA members to accept his proposal if imposed by a school district. Dave said “yes.” As stated by more than one of our AEU Brothers and Sisters, it was a dark day for CSEA.
Your AEU bargaining team acknowledges here the courage displayed by AEU members who stood up for the union principles that so many of us deeply believe in. Let this be our inspiration moving forward. Many AEU members have since contacted President Hendries and the bargaining team to pledge their support for AEU’s reasonable proposals and fight for what is right.
Unfair Labor Practice Charges
The announcement on September 26th, that CSEA is imposing changes to terms and conditions of employment is not without consequence. AEU has already filed one unfair practice charge with the National Labor Relations Board arising from CSEA’s bad faith bargaining, and will now take steps to file another charge based on the implementation of changed terms and conditions of employment for a variety of reasons. Of these, CSEA’s change in conditions of employment represents a unilateral change without AEU members having first voted on an offer from CSEA, despite the fact that CSEA’s bargaining team was aware of the membership meeting set for October 20th and acknowledged the ratification process in place under AEU’s bylaws. The unilateral change in terms and conditions is therefore unlawful bad faith bargaining on that ground as well. We shall keep you closely updated on the status of these charges.
ED Low Appears Out of Sync with the CSEA Team
It is clear from the interaction between Mr. Low and rank and file AEU members during the statewide conference call on Thursday, September 26th, that Low is not in sync with the representations that CSEA’s bargaining team has made in negotiations regarding the fiscal condition of CSEA and its ability to meet the AEU’s bargaining demands. He claims to know what has been stated between the negotiations teams when he hasn’t been at the table. Moreover, it is clear that CSEA is insisting on unwarranted and unreasonable reductions in pay and benefits for reasons unrelated to the funded status of the pension plan and to CSEA’s budget. What is most disheartening is the clear picture presented by Mr. Low that CSEA supports retirement protection for CSEA members but not CSEA staff. This is glaring hypocrisy of a very ugly sort.
AEU Remains Willing To Bargain
AEU remains willing and able to continue bargaining. The team remains available to meet with CSEA before the membership meeting on October 20th. AEU rejects Dave’s claim during the teleconference on Thursday that CSEA cannot return to the table unless AEU provides CSEA with a counter proposal. This is an absurd interpretation of the law of impasse under the NLRB and another misleading and bad faith bargaining tactic. The parties are free to return to the table at any time. AEU’s willingness to return to the table was made crystal clear in the statewide conference call. CSEA walked away from AEU’s hard bargaining and credible evidence without challenge by CSEA that the cost of AEU’s proposals fits well within CSEA’s budget and healthy fiscal goals moving forward. Instead, CSEA chooses to force terms and conditions not fully bargained with AEU much like a school yard bully. It is unconscionable that CSEA now claims that “the intransigence of the AEU bargaining team brought the parties to where we are today” when the facts support that the complete opposite is true.
CSEA Last Best Final Proposal
Because AEU was not provided Dave’s last, best and final package across the table, CSEA did not explain its proposal or provide AEU with the opportunity to ask clarifying questions. What we know is what is read on the documents themselves. Click here for a copy of the September 25th communication that is purported to be CSEA’s last, best and final package offer. The documents appear to indicate that the implementation on October 1st will be the one year economic proposal first presented as CSEA’s “last, best” offer on September 18th and then again as Scenario #1 in the two scenario proposal delivered to AEU the next day on September 19th. It appears that all tentative agreements reached at the table to date also will be implemented. Finally, the document in the end entitled “CSEA’s Last, Best, And Final” is misdated September 19th – this was not the proposal provided on that date. It appears from the face of this document that CSEA is also now willing to provide reasons when it denies donated sick leave and that Dave is willing to meet with AEU commencing in November 2013 to specifically discuss work load issues and other subjects such as meal reimbursement still on the table.
It is important that we clarify here that subsequent to the September 26th statewide conference call, CSEA is representing that it is implementing a “contract” causing some confusion within our ranks. This is incorrect. CSEA may only impose “terms and conditions” until a new agreement is finally reached.
Call to Action
AEU members are outraged at the profound mistreatment and hypocrisy displayed by CSEA in these negotiations. We will be asking the membership to cooperate in upcoming actions and outreach efforts to CSEA members and other labor organizations – please be prepared to engage as needed.
Special AEU Membership Meeting Sunday, October 20, 2013
An all AEU member meeting is scheduled for Sunday, October 20, 2013, at 12 Noon. The meeting will be at the Visalia Holiday Inn & Conference Center, 9000 W. Airport Drive, Visalia, CA 93277, 559-651-5000. AEU has secured an $89 room rate for those wishing to stay overnight. Make your reservation directly and indicate that you are with AEU to secure this rate. Contact AEU Trustee North Susan Thomas at aeususan@yahoo.com if you have questions.
Please plan to attend.
We will continue to keep you closely apprised.
In Solidarity,
Debbie Pichetto,
Val Hollins,
Karen Hartmann,
Scott Hendries,
Carol Koenig,
Chris Platten
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