They Won The Right To Negotiate - Can We Really Stop Them Now?
Well by now you know that we were successful in getting another election (5 - 6 January 2010) to see if we wanted to give Teamsters Local #962 the right to continue representing us. In order for the Teamsters to keep their status as our "Bargaining Unit" they had to have a simple majority of "Yes" votes cast on their behalf.
Prior to voting we (Teamsters, Myself; Alan Miller, and First Student) had a pre-election meeting with the National Labor Relations Board Legal Representative who went over the rules of election and challenge of voters. There were five (5) "listed as eligible" voters challenged for cause, three (3) of which all parties (Teamsters, Myself, & First Student) agreed were no longer eligible to vote and initialled the "Elegible Voter List" indicating this. The other two (2) votes were my "Challenges" and not agreed to by the Teamsters, but neither of my challenges showed up to vote.
As it turned out "106 Eligible Employees" showed up to vote, and one (1) person who the Teamsters, Myself, and First Student had already agreed couldn't vote showed up at the poles to vote and was "Challenged by the NLRB Attorney".
The final vote was Fifty-Three (53) votes for the Union: Fifty-Three (53) votes against the Union, and the one (1) challenge vote as indicated above. Since the vote was a tie, the Teamsters "Did NOT" have the "Simple Majority" and should have lost the election, but the challenge vote needed to be decided.
In order for the election to be "Certified" all three (3) parties directly involved in the election (Teamsters, Myself; Alan Miller, and First Student) had seven (7) days to file objections to the election process and on the challenged votes. At the end of these seven (7) days, the National Labor Relations Board (NLRB) was supposed to have a hearing to determine the final outcome of the election and "Certify" the results.
The Teamsters apparently decided this wasn't good enough for them and choose to file a "Unfair Labor Practices Complaint" (ULP) against First Student citing the following: Anti-Idling Policy, Electronic Monitoring of Employees, & Termination of a Monitor and Independent Monitor.
While in a letter to all First Student Employees, the Teamsters noted that they had become aware of these violations over a period of five or six months, they decided to hold off filing their complaints until after the election as there is a loophole in Federal Law that allows the NLRB the right to put election results "On HOLD" until they determine if there is any substance to the (ULP).
As near as I can pin it down (the NLRB isn't really talking to me, as while I was the "Chief Petitioner" in the second election, the ULP doesn't involve me) the NLRB has twelve (12) weeks to investigate the charges in the ULP. If they find validity to any of it, the case will be assigned to a "Labor Judge" for review and possibly trial. I'm assuming this can take two weeks to three months to get put on the trial docket.
Only after the ULP is resolved will the NLRB have the hearing on the election, determine & certify the results, or sorry to say force yet another election!
So yes! We can change the outcome of the first election, but it can be (and in this case is) a long, complicated, drawn out process.
We're sorry that the Teamsters have chosen not to play fair in this process as while this is tied up with the NLRB no one is getting their "Step Increases" or "Cost of Living Pay Increases", that coupled with the fifteen (15) cancelled school days will be taking a toll on all our paychecks, with the only consolation being we don't have to fork out $400.00 a year after tax income to keep our jobs.
Copyright 2010 - 2011 Alan Miller & a
Coalition of Grants Pass First Student Bus Drivers & Monitors opposing representation by
Teamsters Union Local #962
Use by other First Student Branches wishing to block representation by the Teamsters Union is encouraged and will be granted upon written request.