Negotiations Handbook Contract 2016



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2

3 Negotiations Handbook Contract 2016 Copyright 2016 IAMAW District Lodge 776 International Association of Machinists and Aerospace Workers 7711 W. Clifford St. Ft. Worth, Tx 76108

4 These are going to be the most important contract negotiations in decades. We must be resolute and ready, or we re going to lose rights and benefits that we take for granted today.

5 Contents Introduction... 7 How the Negotiations Process Works... 9 The Members Role in the Negotiations Process... 13 Coping with the Pressures of Negotiations... 17 Frequently Asked Questions & Answers....22 Resources for Members... 31

6 We build the greatest aircraft in the world with pride, skill, and teamwork. Let s use that same pride, skill, and teamwork to fight for a good and fair contract.

IntroduCtIon Contract time is coming once again. After four years, we are again approaching the contract expiration, and we will be in negotiations and to negotiate and ratify a fair and equitable agreement, we need your help. Times are good for Lockheed Martin, and this is no time for a demand of takeaways. But, sadly, recent history tells us that Lockheed will demand takeaways anyway. The only way to stop this is to stand together. In this Handbook, we will explain how the negotiations process works. We will also talk about your role in the negotiations process, what you - as a member - can do to help. There is also a section in this Handbook to help cope with the pressures and anxiety that we all experience during contract time. We will do this by exposing some of the tactics the company will try to use to put doubt in your mind and to create turmoil amongst our ranks. We have also provided an overview of members rights under the National Labor Relations Act. To help you there is a special section on frequently asked questions and answers that always surface during negotiations. Finally, in the back of this Handbook is a list of some of the resources available to our members. For a more detailed list, please visit our website at goiamtexas.com and click on the Resources button. While using this Handbook please remember one thing: Together, standing strong as one Union and speaking with one loud voice, we will improve our standard of living. Your Negotiating Committee hopes that this Handbook will help answer some of your questions, help you remain strong, and help you support each other in the weeks and months ahead. In Solidarity, The Negotiating Committee 7

8 The IAM s elected Negotiating Committee is well-prepared to meet with the company negotiators faceto-face and to present our members contract proposals

How the negotiation ProCess works For many of us on the floor, we know that contract time is usually in July, when we show up to vote on the company s Last, Best & Final Offer. What many people may not know, however, is that the process that gets us to that point starts long before April. In fact, the wheels are put into motion about two years before the meetings ever take place. It starts when our membership elects a Negotiating Committee. Our Committee reviews what took place at the last negotiations and the impact of the current contract on our members. The Negotiating Committee carefully looks at what has worked and what has not worked, and what has had a positive or a negative effect on our members within the hourly workforce. Any of our committee members will tell you that there is a lot of discussion between our committee members about what can be done to improve the next contract s outcome. They will also tell you that they rely on what they hear from you, our members. Some of the things that help our Committee focus on the areas for negotiations, include, but are not limited to: A review of grievances that have been filed during this past contract. Many of these grievances are a direct result of the changes implemented in the last round of bargaining. Feedback from surveys that are designed to learn what is most important to our membership. These surveys provide important information that might otherwise not be known. 9

10 A complete review of the current bargaining agreement. Feedback from shop stewards, who are on the front lines with this company on a daily basis. This is why it is so important for you to elect a good shop steward and for you, as a member, to keep your steward informed about what is going on. Your steward cannot be everywhere, so he or she must rely on you to know what management is up to. Information requests are carefully prepared and submitted to the company. The company has a legal obligation to respond to our Union s request for all information that is necessary and relevant for bargaining. Industry standards are carefully reviewed by our committee, as well as nationwide trends in our field, in order to create the best proposals. Local, State and national cost of living indexes also are a key part of the Committee s preparation. These are just some of the resources our Committee relies on to begin putting together a contract proposal. How Does our Committee Actually Do Its Work? Our Committee usually meets every week. Occasionally these meetings go into the late evening hours. As the contract expiration date gets closer, our Committee starts to meet every day putting together our contract proposal prior to the face-to-face negotiations with the company. Face-to-face negotiations with the company have begun. As the expiration of the current agreement nears, both our

11 Union and the company Negotiating Committees meet off site for full time sessions. It is always our Committee s goal to have an agreement completed a few days before the current agreement expires. This allows our Committee time to prepare the information to present to our membership. If there is even the slightest chance of getting a better agreement, then negotiating right up to the last day is possible and has happened in the past. We hope his brief summary of the negotiations process helps shed some light on the steps that go into creating a contract. More importantly, we hope you never forget that the wages and benefits we receive are the result of the collective bargaining process - not a gift from the company. Without the legal protections of a collective bargaining agreement, the company can change or even eliminate health insurance, paid time off, holidays, pensions, and many other benefits you enjoy. Without the support of all IAM members, our Union s ability to protect and improve our wages and benefits in the future will suffer. Members who do not pay their fair share strengthen the company s hand in any negotiations. For the pennies saved, they give up their right to attend Union meetings, to vote on contracts and strikes, and to forge their own futures. There is one more very important piece in this process and that is YOU, the Union member! You are the true power behind our Union. You can let the company know how you really feel. You have the final say as to whether or not you will accept or reject the company s Last, Best and Final Offer. You are the real force that makes our Union!

12 You have the final say as to whether or not you will accept or reject the company s Last, Best and Final Offer.

MeMbers role In the negotiation ProCess Negotiating a contract for our members is one of the most important reasons for having a Union. The contract sets the stage for a given period (normally three years) and dictates your wages, benefits, and working conditions. The contract has a major impact on each of us. The next contract, like the current one, will determine how you support your family and your ability to keep up with the ever-rising cost of living. Also, it determines what medical options you have, life insurance, the out-ofpocket costs for those benefits, how you will be able to plan for your retirement, and how the company deals with you here at the plant site. Having a good Negotiating Committee is an important step in this process but the single most important factor in the negotiations process is you -- our membership. This cannot be stressed enough - our strength as workers is in our unity. The greater the number of bargaining unit employees in our Union, the greater our ability to negotiate the best possible contract. The more workers who are active and involved in our Union and our negotiating process, the better our chances for the contract every one of us deserves. We should not kid ourselves. We as members need to understand that everything we do and say out on the floor is communicated right up the chain of command. The company knows our business. 13

14 Have you ever noticed that management never airs its dirty laundry in front of us? That is not because they do not have complaints and gripes about their own leadership. They are just better about airing their complaints behind closed doors, where we cannot hear them. We as Union members need to take notice of this and be as professional if not more so than them and keep them guessing. When we do this it keeps them off balance, and they have no idea what we are thinking or planning. It makes the Company approach us more cautiously because they are not sure how we will react to an unfair contract offer. This sets the mood of the negotiations at the table. What can you do to help? As a member, there are many things you can do to help to increase our chances fora successful negotiations. Explain to management that you do expect the company to give you a fair contract. If your supervisor asks if our Union is going on strike, tell him or her that it depends on the company s willingness to negotiate in good faith and give us a fair contract. Support each other. Talk to your fellow members and share information with them. Participate in our Union surveys. Participate in all regular and special called union meetings. Wear your Union gear (T-shirts, stickers, etc.) to give the Union visibility and to show our solidarity. Make sure your stewards are forwarding you information and updates during negotiations.

Encourage non-members to join our Union. There is strength in numbers. Tell them they need to have a voice in the process and their participation can help ensure a better contract for us all. Volunteer for one or more of our committees that have been formed in the event of a strike. Volunteer any talents or skills you may have to help other members in times of need. We have many trades and skills in our ranks and we can provide vital services to one another should we need to go on strike. Skills and trades such as carpenters, electronics techs, plumbers, HVAC techs, auto mechanics and many other skills could be of help to all of us. We hope you can see how critical you are to the outcome of negotiations. If you are interested in participating in any of the above or need help, contact your steward. 15

16 The company will hold meetings with all hourly workers to try to put their spin on how great the contract really is they are offering.

CoPIng with the Pressures of negotiations Contract time is a highly emotional for all of us. Understanding some of the events that are about to take place will help you know what to expect and put things into perspective. The company will try all kinds of tactics to scare you and to put doubt in your mind. Tactics sometimes include sending mail to your home explaining which benefits you will no longer have and when they will end. They will send you letters saying how great the contract offer is, or letters stating maybe you didn t understand the offer or something like the Union didn t really explain the contract proposal to you or how much you will be missed. They may send a letter informing you that your benefits will end immediately if the contract is rejected. 17 The company may also hold meetings with all hourly workers to try to put their spin on how great the contract really is. One thing

18 the company doesn t realize is that this bargaining unit is smart enough to know when they are being lied to. If this company really cares about you, then they should be willing to treat you with the respect you deserve by giving you a decent contract with general wage increases, better retirement benefits, and improved health care. Without our labor and expertise, Lockheed Martin does not make a profit. As we head into another round of contract negotiations remember these things. When you start to get caught up in the emotion, STOP and take a deep breath and listen closely to just what it is that the company is doing and saying. Are you getting those letters in the mail? Is management telling you that you are making more than you deserve? Is your supervisor getting a pay increase? Is the supervisor getting profit sharing checks? Are you getting pay increases or profit sharing checks?

If the company really cares about you and your family s well-being, then they will offer you a decent contract. 19

20 It is against the law for any manager to threaten, intimidate, coerce or influence any union member s decision when voting for a decent and fair contract.

Our negotiating committee will review the company s Last, Best and Final Offer and make recommendations to our members to accept the company s offer or reject it for a better contract. 21

22 frequently asked questions and answers Introduction Leading the fight to make it right. We believe the right thing to do is to work to maintain and improve the quality of life for every member. We have put together a communications plan that will increase participation from all levels of our membership and your help is vital to the success of these negotiations. As we progress closer to the final contract vote, communication with each other is key. We will be calling on you to step up and help us lead our membership to a successful contract victory. This questions and answers section provides you with answers to many common questions you may have throughout negotiations. Please review these materials and be prepared to answer your fellow members concerns. Your support throughout this process will determine our strength at the bargaining table. Negotiations How can I help during the negotiations process? Participate in the discussions, rallies, surveys and other events showing solidarity. Wear the appropriate Union insignia at the designated times in unity with your brothers and sisters. Talk strong about the issues on the shop floor because solidarity works. Encourage everyone you know to become a member. Why do we have rallies during negotiations? It is very important that our membership demonstrate their support

for our Union and the issues our members have said are critical to them. Large numbers at rallies sends a powerful message to the company that we are unified and strong. Family and friends are highly encouraged to attend. The more people the company sees at a rally, the more we show how much support our negotiators have from the membership. How will our Union keep me updated on the negotiations? We will provide regular updates using our website, twitter, facebook, flyers, face-to-face shop floor meetings and through our Union stewards. E-mail updates are also available to those who request them. Members need to contact their steward to fill out an e-mail notification authorization card. We can only send e-mails to home e- mail addresses. We cannot send updates to your Lockheed Martin e- mail. It is important that our membership recognize that the Lockheed Martin e-mails do not reflect the Union s position. Watch our website, goiamtexas.com for the most up-to-date information. What should I say to support our Union s efforts in negotiations when I am asked by management to give them my opinion? Supervisors and other managers will be out in force trying to gauge our members support for various issues. They in turn send this information right up to the company negotiators. The best way to win a good contract is to be strong and together on the shop floor. Our Union negotiators are looking out for your best interest; the company is looking out for its own best interest. You can help sup- port your Union co-workers throughout negotiations by sending a strong unified message to company management about better pensions, lower health care costs, job security and issues important to all of us. Tell the company to do the right thing on these issues. When do negotiations with Lockheed Martin start? Face-to-face negotiations with the company usually start in March How much influence does our IAM Grand Lodge have on the outcome of our contract? Your Negotiating Committee gets advice and any help they need 23

24 from the top leaders of the IAM during negotiations. Aerospace Territory Coordinator Terry Smith is coordinating these negotiations. We get help from Headquarters Departments, such as Strategic Resources, Legal, Communications and Community Services. General Vice President Mark Blondin and the Southern Territory Office in Arlington will also provide any help needed, including the services of the Communications and Education Representatives. Our local leadership relays to them our memberships needs and concerns. Our District President Paul Black will be our leader in this round of talks. Only our elected negotiating team votes on whether or not to recommend the company s offer and/or to recommend a strike, and only our membership votes at the ratification meeting. The Contract Vote When will we be able to get details on the Company s Last, Best and Final offer? When negotiations have been completed our Union will have available not only a summary of changes to our members, but also a complete copy of ALL proposed language changes. When the Company delivers their Last, Best and Final offer to our Union leadership, what happens next? Our Union negotiating team has to review the proposal, make a synopsis of what was changed, and then get copies printed, all within 8-10 hours, so you have it in your hand the next day. Our negotiating team will also inform you about its recommendation on whether or not to accept the company s proposals and if it recommends a vote to strike for a better agreement. At the same time, the Company will launch their own campaign to sell the contract immediately following its delivery to our Union negotiators. They will include their reasoning and rationale of why it is a fair offer from their perspective. Where do I vote on the contract offer? A ratification meeting will be held, at which the proposed contract will be presented, discussed and voted upon. There will be an

announcement about when and where the meeting will take place. How long will we get to look at the offer? The information will be passed out to the members at the beginning of our contract ratification meeting and we will go over the information line by line and then have a question and answer session immediately after. Then we will vote on the offer. 25 How does the contract vote work? There are two separate ballots. At our ratification meeting, we first vote the ballot to accept or reject the contract offer. You must remain at the meeting while our tellers count the contract vote. If a majority votes to accept the contract, the meeting ends and the contract goes into effect after signing between the two parties. The second ballot is a yes or no to authorize a strike, and it is taken if the contract is rejected. A two-thirds majority is required on the second ballot to authorize a strike. If more than 50% vote to reject the proposed contract, but less than two-thirds of the votes cast are in favor of a strike, the contract offer is accepted by default. The only way a strike can happen is if a majority of the members reject the proposal AND have a two-thirds vote for strike action. Who is eligible to vote? Members whose dues are current are eligible to vote. How are the ballots counted? The ballots will be counted immediately after the vote, on the stage, in the presence of our membership. The results will be announced as soon as the count is completed. We will also post the results on our website, and the media is likely to publicize the results as well. What do the results mean? If a majority votes to ACCEPT the contract, negotiations end and the contract is signed after the parties return to the table. If a majority of voting members vote to REJECT the contract, but LESS THAN TWO-THIRDS vote to strike, the contract is automatically accepted by default. If a majority of voting members votes to REJECT the contract and MORE THAN TWO-THIRDS vote to strike, a strike and pickets can be called.

26 Why does it take a two-thirds vote to call a strike? Any time you go into a possible strike situation, we want to be sure that a 2/3 majority of your membership supports calling a strike. Through experience, our Union has learned that going on strike with less than 2/3 results in a possible weak picket line. This is why our IAM Constitution requires a 2/3 majority to call a strike. If the majority of our membership 50% + 1 was all that was required to call a strike, our chances of winning a good contract through a strike would decrease dramatically. The bottom line is: calling a strike is serious business. Our leadership needs to be sure that 2/3 of our membership are willing to walk the line before taking that type of action. Strikes How soon could a strike occur if our members reject the contract and two-thirds present vote to strike? A strike could be called at any time after 12:01 a.m. July 3, 2016 - the current contract expiration date. If there s a strike, how long do you think it will last? There is no way to know ahead of time how long a strike will last. When members vote to strike, their goal is to put pressure on the company to negotiate a better agreement. The company, on the other hand, will judge how effective our strike is and how serious our members are about getting a better agreement. Can Lockheed Martin fire me if I go on strike? No! The National Labor Relations Act protects you. Can Lockheed Martin hire replacement workers if I m on strike? Yes. And they may threaten to do so. But in reality hiring thou- sands of highly skilled and certified hourly workers would be a huge and extremely costly task. Can a non-member stay out and support our Union? Yes, if you are a bargaining unit worker covered by the collective bargaining agreement you can stay out and support our strike, and your action will be protected by law to same extent as Union

members. 27 I m not a member; can I walk the picket line and support our Union? Yes, we would welcome everyone s support, including family and friends. The number of people allowed on our picket line at any one place and time, however, may be limited by a court order limiting the number of pickets. How much money a week will I get for strike benefits? As of January 1, 2005 the IAM s strike benefits are $150.00 per week. If I just hired into the plant and I am on probation can I go on strike? Yes, probationary employees have the right to strike. It is unlawful for the Employer to terminate any employee for exercising their legal right to strike. If you would like to discuss your situation, call the union office at 817-246-5019. How long from the time we go on strike before I get my strike benefits from our Union? If our strike lasts more than two (2) weeks, benefit payments are paid commencing with the 3rd week. Strike benefits shall continue to be paid through the last day of the week in which our strike terminates. Are strike benefits retroactive to the first day of our strike? No. How much time is required of me each week to qualify for strike benefits? At least 4 hours of time to a committee i.e., picket, kitchen etc. Will I still have medical coverage if I go on strike? You will be able to continue your medical coverage through CO- BRA. What assistance programs and resources are available for striking employees? There are many resources available to our members. See the

28 resource section of this Handbook or visit our website at goiamtexas.com for more information. Our Union will also have trained counselors ready to help you get information. You can contact a counselor by calling the Union Hall at 817-246-5019. Is there someone who can help me deal with bill collectors, credit card companies, etc? Yes. We have union counselors who can help you send letters to most credit card companies and financial lenders to temporarily reduce your required payments. A copy of this form letter is available on our website at goiamtexas.com on the resources page. What are strike committees? Strike committees help organize and lead an effective strike and to help our members. What are the different strike committees? The first and foremost is our Strike Committee itself. This committee serves as your overall coordinating center and works directly and closely with our Business Representatives and our Grand Lodge Representatives/Aerospace Coordinators to provide leadership and direction to our other committees and to our members on our picket line. Other committees that have responsibility for particular areas are: Picket Committee - responsible for overall administration of our picket line, including organizing and scheduling picket teams, arranging for any equipment and supplies that will be needed, and maintaining order on our lines. Strike Finance Committee - makes up an overall budget, solicits donations from whatever sources possible, audits expenditures and helps keep financial records during the course of our strike. Community Services Committee - works to make sure that members get the full benefit of all of services they are eligible for from the public and private agencies in the community during our strike. Kitchen Committee - helps to strengthen morale by preparing or arranging for hot coffee and other refreshments to be available to

pickets and others carrying out strike duties. 29 Public Relations Committee - gets information about our Union s message and its goals to the media, the public and above all the members and their families. This committee contributes to morale by keeping members informed and presenting our Union and our issues in the best possible light. This committee plays an important role in counteracting company propaganda. How can I participate on one of these committees? Your Union steward should have forms for you to fill out to volunteer for the different committees. You could also stop by your Union Hall and fill out a volunteer form. What if I physically can t do picket duty if we go out on strike? There are many jobs that do not require much physical strength which need to be done (i.e. clerical, phone, kitchen duties, etc.) Our Union will work with our members with special needs. What happens with my 401K loans if I go on strike? The Employee Retirement Income Security Act ( ERISA ) will protect what is in the 401k plan. We recommend that you get a copy of the Summary Plan Description (SPD) for the 401k. You are entitled to a copy of the SPD, and refusing to give it to you may, by itself, be a violation of law. In any effort to get your money, the SPD will contain vital information. For general information, loans/outstanding loans/payment arrangements contact online, through Voya at: https://lmco.voya.com/eportal/welcome.do or by phone, through Voya s Hourly Savings Plan (HSP) Service Line at 800-444-4015. If I have Personal Time on the books, can I use it while on strike? No. Will our Union continue to negotiate while we are on strike? Since the ultimate goal is to get a good contract, our Negotiating

30 Committee may continue to ask through FMCS (mediation) to meet with the company to try and reach agreement. If I am on medical leave can I vote on the contract offer? Yes, as long as you are current and have dues stamp paid and approved through the lodge. What happens if I return from medical and we are on strike? The employer will stop short-term / long-term leave benefits, but you can apply for Employment Insurance (EI) sickness benefits. You would have to show that your medical leave was anticipated and arranged for before our strike started. Be sure to keep a copy at home of any medical certificates related to your leave that you gave to Lockheed Martin. What informational resources are available to me? Our Union stewards will be available to answer any negotiationsrelated questions you may have. We also have identified leaders to help get the word out. Our Union website goiamtexas.com will also have the latest information. If you still have questions, contact goiamtexas.com.

31 resources for MeMbers COBRA COBRA is a federal law. One aspect of this law affords striking workers the opportunity to continue their health plan coverage when they are on strike. COBRA National Service Center will send a letter of notification to each and every striker giving him or her a 60-day notice. Although the following information is related to a strike situation, COBRA is also available to anyone leaving a company to pursue better interests. Provisions of COBRA 1. It allows the worker to continue their current health care coverage by paying the equivalent premium. 2. This letter will inform you of your rights and responsibilities and costs of continued coverage. It will give you an address to which you may send your response. Please consider the following when making your decision regarding COBRA: a. If you are currently under a doctor s care for a medical condition that cannot be delayed, it is recommended that you send the notification back to the COBRA Administrator as soon as you can. b. All others should wait until the 59th day to advise the COBRA Administrator of their decision. c. We recommend that this response be sent via certified mail. d. Payment for continued cover- age is not due until the 45th day after you have responded to the notification. e. People who are planning or have scheduled elective surgery or medical treatment that can be delayed, should delay treatment until after the strike is over. f. COBRA will not pay bills until the premium is paid.