Monday, November 16, 2015

Dear Brothers and Sisters,

Sorry for my sudden departure but circumstances demand it.


If you have any issues that require handling you should contact Don Eagle at 316-841-7541 cell or 586-772-7250 work or via email at Don@spfpa.org.

Monday, November 2, 2015

Temporary Change

Dear Brothers and Sisters,

Starting November 2 until November 23, 2015 SPFPA Local 100 Vice President Luis Gonzales will be temporary taking over the duties of President.  Members with problems or issues may contact VP Gonzales at the contact information below.  Thanks.

Vice President Louis Gonzales
spfpavpl100@gmail.com
(310) 930-5623 cell

Monday, September 21, 2015

For the good of the workers? Like hell!

Find out why this new bill moving through Congress is the worst news for Unions today.

Click on the link below to find out about The Employee Rights Act.


Monday, September 14, 2015

California Workers Compensation


If you are working in California and you have a work-related injury or illness, your employer is required by law to pay for workers’ compensation benefits.

If you get hurt, what should you do? 

First, report it immediately to your supervisor.  If your injury or illness develops over time, report it as soon as you start noticing it.

You need to fill out a claim form and turn it into your employer.  Your employer is required to either give you the form or mail it to you within one day of notification.

You can also get the form from the Department of Industrial Relations , Department of Workers Compensation website at http://www.dir.ca.gov/dwc/DWCForm1.pdf.

Employers in California are required to have an injury and illness prevention program. They must include worker training, workplace inspections, and procedures for correcting unsafe conditions promptly. Learn about and participate in your employer's program and report unsafe conditions to your employer. If they don't respond, call Cal/OSHA the state agency that enforces health and safety laws.  Even if you are not sure, contact OSHA at www.OSHA.gov.


If you just want more information, go to http://www.dir.ca.gov/dwc/WCFaqIW.html.

Friday, September 11, 2015

Election Time is Around the Corner

As many of you know the International Constitution and Bylaws Article XXV Section 2 requires the election of Local Union Officers shall be conducting during January to February 15 of each year. 

I thought it would be helpful to go over a few facts involving our election process to get everyone started.

In order to participate in both the nomination and election process you must be (Article XXV Section 8(a)) a member in good standing as defined in Article VI Section 14.

In order to run for an Executive Board Position you must have been a member in continuous good standing in the Local Union for one (1) year immediately prior to the nomination (Article XXV Section 4).

These positions are:

President, Vice President, or Vice Presidents, Recording Secretary, Financial Secretary-Treasurer, and (1) to three (3) Trustees.  Each Local has the option to have a Sergeant-at-Arms and/or a Guide (Article XXV Section 1).

No member may hold two or more Local Executive Positions (Article XXV Section 4).

Locals should start the process of looking for volunteers to serve on the Election Committee.  If you are running for office you are not allowed to serve on the Election Committee (Article XXV Section 8(c)).

If you would a copy of the newly published International Constitution and Bylaws you can download one by clicking on the link below.


http://spfpa.org/sites/default/files/downloadables/2015ConstitutionandBylaws.pdf

By The Way


This will not apply to those locals who have elected to have longer terms of office in accordance with the International Constitution and Bylaws, Article XXV Section 3.

Monday, August 31, 2015

Big labor sees organizing boon for autos, warehouses, more from U.S. ruling

U.S. union leaders said on Friday that a landmark U.S. labor board ruling on companies' obligations toward contract and franchise workers would help them organize manufacturers and e-commerce companies as well as fast food chains.
By: Reuters | August 29, 2015 7:46 PM
U.S. union leaders said on Friday that a landmark U.S. labor board ruling on companies’ obligations toward contract and franchise workers would help them organize manufacturers and e-commerce companies as well as fast food chains.

On Thursday the National Labor Relations Board (NLRB) ruled the owner of a California recycling plant was a “joint employer” with the contractor that hired workers at the plant, essentially forcing both to bargain with the union together or risk violating U.S. labor law.
Business groups, arguing that the ruling could lead to higher costs and hurt the economy, are pushing the Republican-led Congress to overturn it, in part it because the company named in the decision – Browning-Ferris – cannot challenge it in a federal court without overcoming a number of procedural hurdles.

Unions see the decision as a breakthrough not just in efforts to help employees organizes at franchisees of McDonald’s Corp and other chains but also as a tool to counter the proliferation of subcontracting in other industries in which workers are one or two steps removed from the companies indirectly controlling them.

Manufacturers including auto workers, food processors, steelmakers and aerospace companies are potential targets for union campaigns, said Elizabeth Bunn, director of the AFL-CIO’s organizing department, noting that plant workers are often not directly employed by the parent firm.
“You literally can walk into almost any non-union manufacturing plant in the United States and you’ll see workers working on a line and not be able to distinguish who is temp from an agency and who is a direct employee of the company,” she said.

Big labor has focused much of its resources over the past few years on pushing for higher wages in the fast-food industry, and the Browning-Ferris ruling could have implications for an ongoing NLRB case seeking to hold McDonald accountable as a “joint employer” for alleged violations at franchisees.

‘GAME-CHANGER’

But union organizers see Thursday’s ruling as paving the way for gains across a range of industries given the widespread use of subcontracting by the manufacturing and service sectors to lower costs.

“It’s certainly a game changer,” said Teague Paterson, a partner at Beeson Tayer & Bodine, a law firm representing the union in the NLRB case. “Unions and workers have been frustrated by these triangulated relations that the board condoned in the past. It certainly opens the door to more organizing.”

Rand Wilson, a veteran organizer and a communications and policy director at a Massachusetts chapter of the Services Employees International Union, said he saw potential in warehousing, cleaning services and health care.

Another segment widely cited by organizers and labor experts is the warehouses of companies like Amazon.com Inc, Wal-Mart Stores Inc and Google Inc, which are often filled with workers from staffing agencies or contract firms.

The Teamsters union recently won an election to represent warehouse and shipping workers at Google Express, the technology giant’s shopping delivery service. The workers are employed through staffing firm Adecco.

Rome Aloise, president of the Teamsters in Northern California, said the Browning-Ferris ruling means Google will now have to be part of the discussions about working conditions with the union and the contractor.

“This is a classic case. We won and are going into negotiations and now Google will have to come to the table.”

It was a local branch of the Teamsters that originally brought the complaint about a union election at the Browning-Ferris recycling plant to the labor relations board, and the union has been active in organizing truck drivers and warehouse workers at delivery companies and tech firms.

Amazon, Google and Adecco were not immediately available for comment. Wal-Mart spokesman Brian Nick said the company was still reviewing the decision but has concerns.

TOUGH CHALLENGE

Challenging the ruling in court will not be easy, opponents say, because a court could only take up the case if closely-held Browning-Ferris refuses to negotiate with the workers’ union. “This will not be resolved quickly,” said Browning-Ferris’s attorney Stuart Newman. He declined to specifically comment on the company’s next legal steps.

Trade groups have little to no legal recourse, since they were not the subject of the NLRB’s ruling.

“The litigation strategy is somewhere between challenging and nonexistent, and of course the NLRB knows that,” said Michael Layman, a vice-president at the International Franchise Association on Friday.

Instead, the IFA and other groups said they would focus their efforts on Congress, which could write its own definition of employer responsibility for contract workers into law or pass a resolution blocking use of the new NLRB standard.
The Republican chairmen of congressional committees with oversight of labor issues, Senator Lamar Alexander of Tennessee and Rep. John Kline of Minnesota, both pledged to introduce legislation that would roll back the decision.

But any bill targeting Browning-Ferris would join other Republican measures aimed at reversing NLRB decisions that have yet to become law, and would likely face a veto as long as a Democrat is in the Oval Office, said Walter Olson, a senior fellow who tracks labor law at the libertarian Cato Institute.

“The politics are such that, even though Republicans have strong majorities in both houses of Congress, the NLRB is considered enough of a party-line issue that a bill would get a presidential veto,” Olson said.


Sunday, August 16, 2015

Union/Management Relationships

Respect is the key to a successful relationship between the employer and the union representing it's employees.

The employer must respect the role of the union as the sole and exclusive agent of the employees. The union must respect the employer's exclusive right to manage it's operations and to direct it's work forces. Both parties must recognize and acknowledge their respective rights and obligations under labor legislation and under the collective bargaining agreement, and the rights and obligation of the employees covered by the agreement. The employer and the union must agree to and then respect the overall purposes of a collective bargaining agreement: (1) to establish mutually satisfactory relationship between the employer and it's employees; (2) to establish and maintain satisfactory working conditions, hours of work, and wages for all employees who are subject to the provisions of the agreement; (3) to provide procedures for the prompt and equitable resolution of disputes.

Above all, the employer must respect the fact that the employees have a right to join and participate in a union without fear of intimidation, coercion, harassment, or undue influence by the employer. The union must also abide by it's obligations to treat all employees fairly and in good faith and to treat management with appropriate respect.

A co-operative union-management relationship must be built on a foundation of mutual benefit, honesty, fairness, and most importantly - trust.

Friday, August 7, 2015

CBS Ratification results

On the date of August 7th 2015 at 5 p.m. CBS's ratification vote for the new collective bargaining agreement concluded. The results of that vote are as follows:

The membership accepted the CBA by a majority vote of 30 to 6.

The opening of the ballot box, reconciling the ballots, sorting the ballots, counting the ballots, and transmitting the results to the membership all took place in the presence of 2 CBS members to ensure that a complete and fair election process had taken place.

Thank you to all Union brothers and sisters that showed up and exercised your right to vote.

Azaveous Oliver
Local 100 President

Grievance defined

Grievance:

A grievance is a legal mechanism by which the union and the employer resolve disputes between them about issues in the workplace. For example, a grievance may involve a complaint by an employee, the union or the employer alleging that the employer, or a member of management, or the union has violated a legally binding term of a collective bargaining agreement.

The collective bargaining agreement may contain provisions for what can or cannot be grieved. For example, it may contain a provision that the union cannot grieve a discharge of a probationary employee ( unless that discharge was discriminatory). The procedure for advancing and resolving or arbitrating grievances is normally contained in the collective bargaining agreement. A gripe on the other hand is an issue that may be of importance to the member but for which there isn't an obvious violation of the collective bargaining agreement.


Monday, August 3, 2015

Friday, July 31, 2015

DID YOU KNOW?

Did you know that the 2015 Constitution and Bylaws have an article which lists the duties of the Local President?
           
ARTICLE XXVIII
Duties of Local Union Officers

PRESIDENT
                                                             
Section 1. It shall be the duty of the President to preside at all meetings
of the Local Union, sign all orders on the Treasury authorized by the Local
Union, countersign all checks issued by the Financial SecretaryTreasurer
against account of the Local Union when ordered by the Union, enforce the
provisions of this Constitution and ByLaws and appoint committees not
otherwise provided for. Except as provided in Article XXV, Section 8 (c),
he shall be a member Ex Officio of all committees.

                                                     

Thursday, July 23, 2015

DID YOU KNOW?

Did you know that the 2015 Constitution and Bylaws has an article which lists the duties of all Local Union Members?

ARTICLE XXIX
Duties of Local Union Members
                                                   
Section 1.     It should be the responsibility of each member to conscientiously, and to the best of his/her ability, seek to understand and exemplify the intent and purpose of his/her obligation as a member of this International Union.
                                              
To this end, each member is encouraged to render aid or assistance to Brother or Sister members in cases of illness, death or distress. Each member is also encouraged to exercise his/her Constitutionallyprotected right to vote by participating in Local, State and Federal elections through registration and voting.


Saturday, July 18, 2015

Executive Board Members, Stewards and all Members…

If you are not checking this board regularly then you are missing out.  You can subscribe to receive email updates by clicking here!


Are you with an SPFPA Local that doesn’t have a blog like this and would like one?  Contact me at mhough@spfpa.org.

Friday, July 10, 2015

SPFPA is now on Twitter!

The International Union, Security, Police and Fire Professionals of America (IUSPFPA) is now on Twitter. 



Get the official Twitter app at https://twitter.com/download?s=13.


Friday, July 3, 2015

There is a NEW Page on this Blog and it's called Training

Take a look at the page menu and you will see a new page has been added just for the Training of Local Officers and Stewards.  New videos will be added from time to time and when I do I'll post a quick note about it here.  The first video is about the Request for Information.

Thanks.

Thursday, June 4, 2015

California minimum wage hike voted in

Sacramento, Calif – Monday the California Senate voted to approve a plan to raise the state’s minimum wage up to $13 per hour in 2017 and then automatically increasing it with the rate of inflation after that.

This just after Gov. Jerry Brown signed into law an increase in the minimum wage raising it from $9 an hour to $10 in 2016 making it the highest in the nation with more increases yet to come in 2017 when the wage goes to $13 per hour.

Politicians state that the minimum wage does not reflect the cost of living in California. 

“Full-time workers in this state should not be forced onto public assistance simply because they earn the minimum wage,” This quote from Sen. Mark Leno, D-San Francisco, the author of the proposal. 
Republicans, most notably Sen. Tom Berryhill are saying that the minimum wage was never intended to do more than to provide for a startup wage for kids working at McDonalds and Burger King at their first jobs.  It was never intended to support families.

Of course the California Chamber of Commerce is calling this a job killer. A job killer? 

Do you honestly believe that McDonalds, a global company that brings in over $24 billion dollars will give up the chance to serve the 38.8 million Californians with Big Macs and Happy Meals?  I don’t think so.  The same will be true of the other mega cheap employers throughout the state like Wal-Mart, Starbucks and Subway.  The ones who will truly be hurt will be the small startups and family run businesses.       


Currently the bill which was approved by the Senate with a 23-15 vote is on its way to the state Assembly.  It has been rumored that Gov. Brown will sign it if it makes it to his desk.


We will see.

Sunday, May 31, 2015

Improving member involvement

Getting the union members involved in Union activities and keeping them engaged is one of the most difficult things the Union officers have to do. And it's one of the most important.

Union meetings of any kind, whether at a quarterly General membership meeting or a contract meeting are an important way of maintaining two-way communication with the members. These meetings educate our members and replaces rumors with fact while more importantly, it helps our members be part of the solution. The Union's success at the  bargaining table is directly proportionate to the active support of the Union members for the issues being negotiated. We all want everything to change and we want everything to stay the same. But I can't stress enough, nothing can change and nothing can stay the same when the Union is doing it alone. If there's anything we have to remember it's that we all must know that power and understand the power that we have as organized labor. Your support and participation are greatly needed.

If you are not an active involved member, then you cannot expect to attain those things you want and need.

Azaveous Oliver - President

Monday, May 18, 2015

Union Man 5150: Big Brother is Watching You!

Union Man 5150: Big Brother is Watching You!: RyanMcGuire  / Pixabay Intermex, a money transfer service that has my vote for Orwellian wannabe, is being sued by a former employee fo...

Tuesday, May 12, 2015

Preparing for bargaining: A Local’s guide

Here is what you should do to get ready for bargaining.

Since the ratification of the last CBA:  Your last CBA needs to be read, examined and scrutinized for errors, problems, ambiguous language and sections you don’t like.  Keep a list of these items and add to it as issues become known throughout the life of the contract.

Six months before the CBA expires:  Time to form a bargaining committee.  You need a minimum of three people on the committee.  Avoid even numbered committees to avoid tie votes over issues.  Once you have the committee selected it is time for the committee to elect a chairperson who will preside over the meetings.

Start a wish list:  This is a list of the changes, additions and deletions desired by the committee. 

Make it realistic:  Having a wage proposal of $50.00 per hour in the hope of receiving a $.50 raise only causes frustration, anger and damages the working relationship between the parties at the table.  This makes a decent deal that much more difficult. 

Justify it and provide proof:  If you are proposing a wage increase of a $1.00 per hour find proof that supports that proposal.  Advertised pay rates of competitor companies as well as copies of their CBA’s (if unionized) will be helpful.  You can also include reports from the Bureau of Labor Statistics (www.bls.gov).  There you can search for wages based upon the occupation for the nation, regions, states and many metropolitan areas.  It is recommended that you only use an “apples to apples” comparison with your data.  Comparing an Armored Car Driver to a Parking Lot Attendant will not support your argument even if they both are basically Security Guards.

Be ready and prepared to fight:  At the table there is no law that requires the other side to agree with your proposals.  You can either convince them you are right, trade something you have that they want for something you want or you can be willing to take action against the employer to convince them to give you what you want, action in the form of an informational picket or a strike.  This is a subject that you as union leaders must not only discuss with your members but you must be comfortable that they will support that action should it come down to it.  Believe me, if you are bluffing and the members are not willing to act, the company will know.

Finally, when your list is complete, give it to your Negotiator as soon as possible.  There is nothing worse than receiving a wish list on the eve of a negotiation.  It makes for a very difficult time at the table and that’s not good for anyone.

In the end you are best served by careful preparation.

Saturday, April 18, 2015

Understanding Weingarten

In 1975 the Supreme Court of the United States ruled that employees in unionized workplaces have the right to the presence of a union steward during any management questioning that the employee reasonably believes may result in discipline.
This all started in 1972 when Leura Collins was investigated by her employer, J. Weingarten, for possibly stealing from the lunch counter.  It was reported that Collins was seen taking a $2.98 item while only paying $1.00.  The investigator eventually cleared Collins when it was discovered that she was forced to use the larger box when the smaller boxes ran out.  The Local found out about the questioning and filed charges with the NLRB.
Here is an example of a Weingarten Card.



Your Right to Union Representation
“If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer, or steward be present at this meeting.Without union representation, I choose not to answer questions.”
So what does all this mean in “plain” English?
Simple.  If your Boss, Supervisor or someone who represents the company with the authority to, starts asking you questions and you believe you could be punished because of the answers, you have the right to a union steward.
The key is your belief.  Since you are the only person who knows what the answer is your belief that you could get into trouble is all that is needed to justify your request.
So if you just got through backing into your bosses Mercedes in the company parking lot and your supervisor asks you if you know anything about it, you would be safe in asking for a steward.
So you have invoked your Weingarten Rights.  Now what?  The boss has some choices.  He can either:
1.   Find you a Steward or other Union Representative.
2.   End the interview all together, or
3.   Talk you into answering the questions without a steward.
What do you do if they ignore your request?
I recommend that you politely repeat your request until they get tired, get you a steward or let you go.
The moment the interview is over I highly recommend you write down everything that everyone said during that meeting and contact your Local Representative immediately.
What if I talk without a rep?  Unlike the Miranda warning we remember from all those TV crime dramas the Weingarten Rights will not protect you if you go ahead and talk.
So even though your employer has violated Federal law, they can still use what you say against you.
What if they ask me to write a statement?  Isn’t that sort of the same?
Yes it is.  If the employer is requesting information from you about anything that can affect your employment and you feel you may be punished, you can request a steward.
Now what can the steward do during this interview?  Can the steward do more than just be a witness?
Yes.  The steward has the right to:
1.   Be informed what the company is investigating.
2.   Have a private talk with the employee before questioning.
3.   Ask pertinent questions during the interview.
4.   Ask for clarification about questions.
5.   Give advice to the employee on how to answer a question
6.   Help by pointing out mitigating circumstances.
I usually tell an employee give the shortest answers possible.  Many times I have seen employees dig their own graves by saying far too much.
One such example was an employee who was accused of sleeping on the job.  He not only talked himself out of his job he provided a three page written statement explaining how it was impossible for him to be sleeping.
I had told him to simply answer “no, I was not sleeping” and leave it at that, but he wouldn’t listen.
Finally, don’t be fooling into talking when the boss tells you “don’t worry, you have nothing to worry about.  We just want to get to the bottom of this before everyone can go back to work”.

Yea.  Right.

Saturday, April 11, 2015

Reduction of forces / Temporary cuts

Hello Brothers and Sisters,
Currently there are members at various sites within the local who are currently undergoing temporary cuts to their hours and have contacted me inquiring what the term "reduction of forces" means and how does it apply to their particular situation. I have taken the liberty to shed some light on "reduction of forces" in hopes that the members can come out with a better understanding on the subject and in what circumstances does the term reduction of forces, usually in the seniority article apply.
For all practical purposes, there isn't any real difference between RIF and layoffs. There are some subtle differences, though.
A layoff is when a particular employee, or a specific group of employees, is taken off the payroll, usually because there is a lack of work. The chance to be rehired in the future is a real possibility if the economical situation of the employer or the employer's client change.
A RIF on the other hand, is the total elimination of jobs or positions. Again, RIFs usually happen because of a lack of work or the inability to pay everyone doing a particular job or task. Through a RIF, the employer can terminate all jobs related to the product. Most of the time RIFs are selective, meaning that not all of the jobs will be eliminated. Usually, in your contract the decision is based on factors like an employee's past performance, the ability to perform the remaining job or jobs and "seniority". Temporary cuts to hours based on the operational needs of the employer's client do not apply in regards to the reduction of forces term in the contract. Although the practice to cut hours based solely on seniority usually does apply in some cases, you would have to check your particular CBA to see if there is additional language further elaborating on the subject. Hope this helps...
Azaveous Oliver
Local 100 President

U.S. Census Bureau Security Officer killed

SUITLAND, MD - A Security Officer working at the U.S. Census Bureau was fatally shot by accused kidnapper Ronald Anderson before firing on another person and leading police on a car chase before finally being gunned down by police.

It is reported that Anderson rammed the Census Bureau gate with his car and shot the Security Officer, Lawrence Buckner, at least once in the chest.

The Officer approached Anderson’s car after he observed the man arguing with someone, police said.

Bucker, a five year veteran at the Census Bureau and an employee of Masters Security, passed away from his wounds.

Masters was not available for comment.

The kidnapped woman, who was found safe, was later identified as Anderson’s wife.


Anderson is in police custody and is expected to survive to stand trial for his actions.  Anderson was free on bail at the time of the attack for drug possession and assault in another matter.


Friday, April 10, 2015

Did you know?

Did you know that you can leave comments on each article?  Just go to the bottom of an article and look for the word “comments”.  Click on it and it will take you to where you can post a comment.  Now all comments are moderated which means they must be approved before they will be visible.  If you want your comment to appear without your name just include that request in your post.

Thursday, April 9, 2015

Election Questions

Dear Brothers and Sisters,

Many of you have inquired about Steward Elections, Ratification Election and so forth.  Rather than answer each question individually I have decided to answer them here for the benefit of all readers.

Executive and Steward positions:  All elections will follow the International Constitution and By-laws which directs elections to take place in January through February 15.  There will be no exceptions.

All elections will be conducted by the Local Executive Staff (Elections Committees will be drawn from the affected group) and if possible will be conducted through the mail.

All ratifications will be conducted by the Local Executive Staff and if possible will be conducted through the mail.

Any member wishing to protest an election must do so within the strict requirements laid out in the International Constitution and By-laws.

Any positions that require filling during the time between elections will be selected by the Local Executive Board from a pool of volunteers.  Such appointees will serve out the remainder of the term until the next regular election.

Question concerning this should be directed to myself at:

mhough@spfpa.org.


Friday, March 27, 2015


By David L. Hickey, International President
I am truly honored and excited to announce the International Union, Security, Police and Fire Professionals of America (SPFPA) will be hosting its Sixteenth Constitutional Convention in Las Vegas, Nevada on April 27, 28, 29, 2015. The International Executive Board and staff have worked very hard to make this Convention the most memorable event ever.
At this Convention, we will work together to prepare our great Union for years to come. I’m extremely proud of the success we have achieved as a family over the last fifteen years, and look forward to future challenges as we “Keep Moving Forward!”
I want to personally thank you for your support. Together we share a vision and together we make a difference. God bless you and yours!
As International President, I promise.....”I will not let you down!”

Sunday, February 22, 2015

SPFPA 2015 Scholarship Program

I will be posting hard copies of the flier and leaving copies of blank applications at all of the Local 100 sites shortly. Also applications will be available at the next General Membership meeting next month. Good luck!

Thursday, January 8, 2015

YTI Ratification results 1/7/15

On the date of January 7, 2015 YTI's ratification vote for the new collective bargaining agreement concluded. The results of that vote are as follows.

YTI accepted the negotiated CBA by a majority vote of 39 to 0.

The opening of the ballot box, reconciling the ballots, sorting the ballots, counting the ballots, and transmitting the results to the membership all took place in the presence of a witness to ensure that a complete and fair election process had taken place.

Thank you to all Union Brothers and Sisters that showed up and exercised your right to vote.

In Solidarity,

Azaveous Oliver
Chief Steward Local 100