FAQ
Frequently Asked Questions
IBEW 1245 Business Manager Tom Dalzell discusses unions and AB 60
IBEW 1245 Business Representative Bob Dean and PG&E System Operator Dave Sankey discuss AB 60
FAQs AS OF JANUARY 2012
1. Some operators have expressed concerns that by unionizing, operators and shift workers will be at risk of losing our differential pay because of our minority status and of losing AB 60 overtime benefits. Is this a real risk?
No. We categorically reject the premise on which these fears are based. Mark Knaup – who served on IBEW 1245 negotiating committees at the Geysers prior to Calpine coming in for the commute agreement and again on a early retirement package – put it this way.
“On both of these occasions some operators expressed concern, (and rightfully so) given that maintenance had twice the voting capacity as operations. Both times, no one ever considered sacrificing operators’ benefits to the maintenance employees. Not only did the Geysers’ employees on the committee refuse to consider this, the IBEW 1245 reps refused to consider it also. All negotiations were for the benefit of ALL employees as one united force. And it was always emphasized that “United we stand, divided we fall.” And all of our wages and benefits were negotiated in that same way. For my entire 21 years with IBEW 1245 representation, this was our bargaining philosophy. And I am positive this is the main reason we accomplished the terrific package of wages and benefits that we all enjoyed and to a large extent still enjoy today.”
2. What about claims that we are at risk of “income loss”, the allegation that shift workers will lose our pay differential and that the union will equalize wages across all job classifications?
This is patently false. In virtually every IBEW 1245 contract, wages vary based on job classification, levels of skills and responsibility, training, and the market. Incentives are built in to attract and retain workers. Shift workers routinely receive higher compensation precisely because they are shift workers. This is an assumption shared by IBEW professional staff and day workers alike.
3. Union Busters and some operators continue to claim that we will lose the benefits of AB 60 if we form a union. How do you answer this fear?
AB 60 is a state law that was fought for and won by unions as a minimum standard of overtime pay. Unions won an exemption so as to have the flexibility to win even better standards as part of a whole compensation package. With unionization, we will seek to preserve the provisions of the AB 60 standard and/or strengthen it. Operators and shift workers will be at the table to make the case. AB 60 will remain in place until we negotiate and ratify a new contract. And if we don’t like the new contract proposal, we will vote it down. The threat that we will lose overtime is a hollow one, intended to scare us and divide us. Yet the fact that Calpine would suggest that absent state law they would not pay overtime compensation speaks volumes about the need for formal protections and a union contract to safeguard basic standards.
FAQs AS OF DECEMBER 2011
1. Union busters have said that by signing cards, the union would come in. Then they said that if we vote for the union, the union will stay for good and we’ll lose control, implying that outsiders will call the shots. Is this true?
No. We are the union. You and I. Calpine workers approached IBEW 1245 to help us organize our union. Calpine workers from nearly every department are on the organizing committee. Calpine workers (operators, maintenance workers and technical service workers) will be on the negotiating committee when we bargain our first contract with the added advantage of having seasoned negotiators with us. Calpine workers – and only we workers -- will decide whether or not to ratify any given contract in a secret ballot election. No union dues are collected until the first contract is ratified by us. If we don’t like the contract, we will vote it down.
2. Union busters have said if we vote Union, we’ll lose our March bonus. Is this true?
No. Under labor law, the “status quo rule” protects workers from unilateral takeaways for a one year period after voting in the union and beyond as long as we are still bargaining a first contract. If past practice at Calpine is for a March bonus, you can successfully argue that Calpine is obligated to continue that practice. The same is true for scheduled wage increases. (see Nat’al Labor Relations Board v. Aluminum Casting & Equipment, 230 F.3d 286 (7th Cir., 2000)
3. But we’ve heard that the law prohibits management from giving us our bonus in March if we haven’t negotiated a first contract. Is this true?
No. If there was a practice/system for giving wage increases or bonuses in place before the election, the employer must follow that practice after the election, regardless of the outcome of the election. Labor law prohibits employers from giving gifts, increasing wages and benefits or making promises during a union election when such incentives are used to interfere in and influence the election.
4. What is the Collective Bargaining process?
1. The Union wins the Election.
2. NLRB certifies IBEW 1245 to bargain on behalf of Calpine workers at the GEYSERS.
3. IBEW 1245 assigns an experienced negotiator to lead negotiations.
4. A representative Bargaining Committee is formed.
5. The Bargaining Committee solicits workers’ priorities, concerns, and specific proposals.
6. The Bargaining Committee sorts and prioritizes the proposals and shapes opening proposal based on membership’s feedback.
7. Management develops their own proposal.
8. The Union and Management Committees exchange proposals.
9. Good Faith bargaining begins.
10. A Tentative Agreement (T.A.) is submitted to the membership for their review and ratification. Informational Sessions are held to explain T.A.
11. The Tentative Agreement is adopted only if and when the membership ratifies it in a secret ballot election.
12. Once the Tentative Agreement is ratified, the new contract is issued and in place for the term of the contract.
5. Assuming we vote for the union and get to a first contract, how does the ratification vote happen?
In bargaining units the size of Calpine, the contract ratification vote can take place by a secret, mail-in ballot election or a secret ballot election on site.
Once there is an agreement for workers to vote on, the process typically proceeds as follows:
1. A copy of the Tentative Agreement (TA) is posted on the IBEW 1245 website for workers to review, study and identify questions for clarification.
2. Workers are provided various opportunities to meet with negotiating committee members, their Business Representative and Union staff to discuss the Table Agreement in person and/or by phone.
3. For a mail-in ballot election, workers receive their secret ballot by mail and typically are given 3 weeks to return their vote in a pre-paid, addressed envelope that is returned to a secure PO Box. For an on site election, committees comprised of workers (other than those who served on the negotiating committee) and election judges are appointed to oversee the election.
4. The election committee comprised of Calpine workers oversee the collection and counting of the ballots at Union Headquarters in Vacaville or at a predetermined, secure site near the headquarters. Calpine workers who are members of the negotiating committee are not allowed to oversee the election.
5. The contract is adopted only if a majority of the people who vote, vote yes.
6. I’m worried all of our dues money will go to Democrats.
The overwhelming percentage of dues money goes to representing workers, bargaining contracts, leadership development and training programs for current members, and organizing new members. Once a year, IBEW 1245 transfers $5 from each member’s union dues into our political donation account. Donations to political causes are reviewed and approved by IBEW 1245’s Executive Board – a committee made up of members who are elected by the membership. A member may request a refund of that $5 a year and automatically get it. When we do choose to support political campaigns, we do so based on the candidate’s commitment to worker rights, irrespective of their political party affiliation. We also spend money on non-partisan local elections which directly affect our members and statewide and local initiatives that are issue-oriented.
7. It seems that the union busters are becoming more and more present, pressing us to have 1:1 conversations. Am I obliged to discuss unionization with them?
No, you have the legal right to refrain from discussing your position about the union with management and/or the union busters, no matter what your feelings are about unionization. It is illegal for an employer or their agent (the union busters) to “question you about your union support or activities in a way that discourages you from that activity.” (US Dept. of Labor)
FAQs AS OF OCTOBER AND NOVEMBER 2011
1. “IMPASSE”: Tom Zigray, of the Alignment Group, has led us to believe that if we unionize, the company is under no obligation to negotiate and will impose “impasse”. Is this true?
No. ”Impasse” is not imposed by one side. “Impasse” is reached when both parties agree there is no ability to reach a tentative agreement after a series of efforts are made to achieve an agreement, including but not limited to federal mediation, arbitration, and fact finding.
Under federal law, once workers vote to unionize, management is required legally to negotiate in “good faith”. It is true that the employer is not “obligated” to agree to union proposals just as the union/membership is not obligated to accept management’s proposals. But the intent of the National Labor Relations Act is for Management and the Union to bargain in good faith and come to a negotiated agreement based on give and take by both sides.
2. How often do First Contracts result in Impasse?
Though it is technically possible, “impasse” it is virtually unheard of during “First Contract” negotiations, and in IBEW 1245’S 62 Year history, it has not occurred.
3. Anti-union consultants have warned us that if the company declares impasse, IBEW 1245 will call a strike and the company will “lock out” workers. Is this true?
No. IBEW 1245 cannot declare a strike unless a majority of workers elect to strike. And although we have the legally protected right to strike, the last time IBEW 1245 engaged in a strike at PG&E was 1913. Most of our contracts include a “no strike” clause.
4. Has IBEW 1245 ever been locked out by an employer in “First Contract” negotiations?
No, in our 62 year history, we have never been locked out during “First Contract” negotiations.
5. When was the last time IBEW resorted to a strike at PG&E?
1913 – almost 100 years ago.
6. But what happens if the sides can’t come to an agreement?
In the event negotiations bog down, the Federal Mediation and Conciliation Services Board (FMCS) would be called upon to help mediate/arbitrate a resolution or offer other dispute resolution services to help the parties reach a resolution. Created in 1947, the Federal Mediation and Conciliation Service was established to “preserve and promote labor-management peace and cooperation. “ For more information on the FMCS visit their website at: http://www.fmcs.gov/internet/categoryList.asp?categoryID=13
7. Calpine “union avoidance specialists” say that Calpine will never negotiate with the union. Is this true?
No. On November 3, 2011, Calpine issued a Media Statement in which it noted that they are “currently investing more than $1 billion in California putting to work up to 1,000 union craft workers at construction of our Russell City Energy Center in Hayward and at our Los Esteros Critical Energy Facility in San Jose.” (Calpine Media Statement, November 11, 2011)
8. How did they come to negotiate with the Unions in this instance?
The Building Trades Unions had the power to bring Calpine to the bargaining table to secure the labor-management project agreement. The Building Trade Unions used their political muscle with the political decision makers at the local level and enlisted the support of other labor unions and a host of politic al and community allies.
9. What is IBEW 1245’s track record in negotiations?
IBEW 1245 has represented workers in northern California and beyond for more than half a century. Our approach has been characterized by bargaining for substantial gains in good times and limiting losses in hard times. Our approach includes developing effective, working relationships with employers and drawing on the front line experience of our highly skilled work force to identify and resolve problems. As a result, we have won some of the highest standards in the power industry and established effective, working relationships with employers in the private and public sector.
10. What is IBEW 1245’s relationship with your employers?
IBEW 1245 has established positive, constructive, working relationships with more than 50 employers and over 100 signatory contractors – both private and public sector employers. We have won some of the highest standards in the industry, because of the highly skilled work force we represent and our commitment to developing effective working relationships with management.
We have partnered with employers to address a range of issues. For example, we have worked together to improve safety standards, establish reasonable staffing levels, clear promotion and bidding rights, overtime provisions, and timely grievance procedures. We have used our political muscle to win federal and state grants and loans for ongoing or new projects in the power industry.
At the same time, we do not hesitate to hold companies accountable when they betray the trust with workers, retirees and the communities they serve.
11. AS A NEW EMPLOYEE, WHY SHOULD I SUPPORT THE UNION?
To secure protections, representation and a voice at the table where decisions are made that affect the quality of our service, our wages, benefits and working conditions, and the well being of our families and ourselves.
12. CAN MANAGEMENT TAKE AWAY PROMISED WAGES, BENEFITS, OR BONUSES OR RENEGE ON OTHER AGREEMENTS ONCE WE VOTE IN THE UNION BUT BEFORE WE WIN OUR FIRST CONTRACT?
NO. Once the union is certified, Calpine cannot make unilateral changes. (ie. AB60, bonuses, VDI, restricted stock grants)
13. WHO IS AT THE BARGAINING TABLE?
The Union’s bargaining committee is comprised of seasoned IBEW1245 negotiators and a cross section of workers who represent the work force, enjoy the respect of their co-workers and bring experience and knowledge to the Table.
14. WHO DECIDES WHO IS AT THE BARGAINING TABLE?
IBEW 1245. We seek Calpine’s Geyser employees to volunteer and look for diversity in demographics, experience, and work group to provide a representative cross section of the work force.
15. HOW DOES THE BARGAINING PROCESS WORK?
Before we go to the bargaining table, all Union members are invited to submit proposals and share their priorities. They submit these proposals in writing at monthly UNIT meetings and/or on line or in the mail. The Bargaining Committee meets to sort and prioritize the proposals based on member’s feedback. Once bargaining begins, we enter a process of give and take until we reach a “Tentative Agreement”. Before any contract is adopted, it is put out to the full membership for a vote.
16. CAN THE UNION GUARANTEE WE WILL NOT SUFFER ANY REDUCTION IN OUR WAGES AND BENEFITS IF WE VOTE UNION?
According to the U.S. Department of Labor, unionized work forces enjoy higher standards than their non-union counterparts. This said, the union cannot make any promises. But we can commit to fight to preserve and improve what wages, benefits, and working conditions workers currently have and to give voice to members’ priorities at the table when decisions about work are being made.
17. WILL THE BENEFITS WE CURRENTLY ENJOY -- SUCH AS AB60 OVERTIME, ANNUAL BONUSES, STOCK OPTIONS – BE PRESERVED?
These benefits will be part of the negotiations and ratification process. They would change only if the membership ratifies a contract that calls for changes. The Bargaining Committee negotiates at the Table, and the membership decides to ratify or not to ratify a contract.
18. HOW DOES SENIORITY WORK? DOES MY TIME AT THE GEYSER COUNT EVEN IF IT ISN’T WITH CALPINE?
We establish the rules for seniority as part of the negotiations and ratification process. This said, most of our contracts recognize service for predecessor employers.
19. HOW DO YOU PROTECT THE RIGHTS OF ONE GROUP OF WORKERS WHO ENJOY HIGHER WAGE/BENEFIT PACKAGES THAN OTHERS?
We negotiate for all. We don’t give up something for one group to win something for another group.
20. DO GEYSER WORKERS HAVE A RIGHT TO STRIKE IF THEY UNIONIZE?
Yes. But the Union’s objective is to reach a settlement. The last time PG&E workers felt the need to strike was 1913.
21. OPERATORS ARE CURRENTLY BEING REDUCED IN NUMBER. WITH A UNION, WILL WE BE ABLE TO TRANSFER TO OTHER OPENINGS IF OUR CURRENT JOBS ARE CLOSED OUT? CAN BIDDING TAKE PLACE ACROSS JOB AREAS?
This will be part of the negotiations and ratification process. The objective of the union will be to safeguard your job security and maximize your opportunities.
22. HOW LONG DOES IT TAKE TO GET A FIRST CONTRACT?
It can vary. Our goal is to secure a first contract within six months of certification.
23. HOW MUCH DO MEMBERS PAY IN UNION DUES?
Union dues are 1.5% of base pay. Money that workers pay in dues is used to defend the members’ rights and improve their living standards. Smart unions also use their funds to organize more workers in their industry. Why? Because non-union employers create downward pressure on wages in the labor market. In addition, each member will pay $15/month to the International Organization of the IBEW.
24. WHEN DO WE START PAYING UNION DUES?
Members start paying Union Dues when you ratify your first contract.
25. WHAT IS IBEW1245’S POLICY ON SUPPORTING POLITICAL CAUSES? DOES THE UNION ONLY SUPPORT ONE POLITICAL PARTY?
IBEW 1245 has a political donation account. Donations to political causes are reviewed and approved by IBEW 1245’s Executive Board – a committee made up of members who are elected by the membership. Once a year, the union transfers $5 from each member’s union dues. A member may request a refund of that $5 a year and automatically get it. When we do choose to support political campaigns, we do so based on the candidate’s commitment to worker rights, irrespective of their political party affiliation. We also spend money on non-partisan local elections which directly affect our members and statewide and local initiatives that are issue-oriented.
26. IF WE DECIDE WE DO NOT WANT TO BE UNIONIZED AFTER JOINING IBEW 1245, IS THERE A WAY OUT?
Yes. Just like you have the right to vote the union in, you have the right under federal law to vote the union out. You would file with the NLRB for a “decertification election” once you have shown a minimum of 30% of your co-workers want to decertify.
27. WHY DON'T WE JUST MAKE A COMMITTEE WITHOUT THE UNION AND WORK WITH MANAGEMENT TO IMPROVE OUR WORKING CONDITIONS?
Because such a joint committee has no legal standing and workers have no power. It is the equivalent of a suggestion box. Workers have no legal protections and Management is under no obligation to honor or respect the views presented through such a committee. They can take or leave our ideas. Several years ago we tried this approach when Calpine established a joint Employer-Employee Relations committee. It was ineffective then, and we expect it would be ineffective now. Finally, the offer to form such a committee is a standard tactic in anti-union campaigns.