We had the meeting yesterday afternoon and as I suspected, the news is not good...at all. The contractors informed us that due to the government shutdown and their interpretation of the Anti Deficiency Act (ADA), they will be releasing employees. This is a new term. They obviously wont reference this as a lay-off or workforce reduction as those terms are verbatim in our CBA and they would have to follow its terms and conditions, including seniority rules and lay-off benefits. They arent even calling it a furlough anymore. Im guessing they are using the new term to support their efforts to circumvent our CBA, the WARN Act and their loose interpretation of ADA. Nevertheless, they are not going to honor the CBA, at all. They are planning to release all of their employees without regard to seniority, separation pay, call back rights, or any other benefit associated with a lay-off. This includes the HAMTC officers as well and we will do our best to plan accordingly. They have asked HAMTC if we would be willing to allow each contractor to keep a select few employees based on certifications within a specific supervisory group, within each company. In other words, they have asked HAMTC to violate the terms and conditions of the CBA you all just voted on. It took us 12 months of tough negotiations before we were able to maintain our site-wide seniority provisions. Now they are asking that we simply ignore all of our hard work. Why...because of the bullshit going on in DC? Not on my watch. If we start allowing employers to arbitrarily pick and choose who they want on site, pick and choose the desirables at will, then theres not much point of a CBA at all. Not on my watch. Anyway, the employees will be receiving their release notice on Wednesday to be effective midnight, October 20th. Again, you will not receive traditional and contractual lay-off benefits. They are still deciding if you will be allowed to use PTB for your time off. They will not oppose your application for unemployment benefits. The contractors will pay for medical and dental premiums, including your share, until the end of November at which time they will have to re-evaluate based on contracts with health care providers. However, even though they will pay your share of the premiums in order to keep your insurance active, you will be required to pay that money back when you return to work. The contractors are being required to submit a contingency plan to DOE today that outlines how they would staff and operate in a reduced operations scenario. Once submitted, DOE must approve the plan. The contractors have committed to keep HAMTC informed of the progress. We have canceled all meetings in order to be available, at any time, to receive any updated information. Once received, we will do our best to convey that info to the membership. Please keep in mind, and I am NOT some company suck-ass, but facts are facts. The contractors are being placed in a no-win situation. Its not their fault any more than it is ours or yours. They cant provide benefits because there isnt any money appropriated to pay for those benefits, for anyone. If they did, it would violate federal law. Why isnt there any appropriated money... because of the greedy, selfish, assholes in Washington DC., remember that. With that being said, that does not mean that HAMTC will provide relief to the contractors nor will we simply roll over and let this happen without there being a protest. Unfortunately, our options are limited. Nevertheless, we will explore every option we have. First thing is to file a grievance for the record. We will consult with our attorneys, and the attorneys for the Metal Trades Department in order to ensure our voice is heard. We arent alone. I have been in contact with other DOE Councils and they are experiencing the same thing, with limited options as well. NLRB charges will likely be filed, although, due to the shutdown, there isnt anyone at the NLRB to listen or act upon any charges. I hope Ive answered at least some of your questions and not created more uncertainty. This is all we know for now. When I receive more facts, Ill provide more facts. This isnt good news for anyone and hopefully this exercise in greed wont happen at all. I would again strongly encourage you to contact your Senators and Congressmen and demand they stop this unecessary behavior. Regards.
Posted on: Tue, 15 Oct 2013 15:59:24 +0000
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