Monday, March 21, 2016

Union workers hold their ground with Lake Worth city staff

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The meeting was to start at 1pm.  The clock kept ticking. The city is "always late" I was told.

I attended the Union and the City of Lake Worth discussion on the PMSA and PEU union contracts on Friday, March 18th.  I only stayed for one hour as the writing on the wall for me was that the city was not about to give an inch and the union members were just as steadfast. There were several breaks for caucusing while I was there. Nothing changed but the union members stood their ground, were very respectful and matter of fact and at least they did not talk down to city staff.

In the minds of the union members, the city is asking them to give up too much and are not living up to their original agreement with them.  They are offended by the city's "take it or leave it" approach.

Peter 2nd from right
He was amazing as were they all

The carrot is the 4% raise being held in front of them that they have yet to receive unless, of course, they buckle down and accept the city's terms. Once a contract is agreed, I have been told that the raise is not retroactive even though it has been budgeted and the money is there. Peter said that the Union was educating its members and the city attorney said "no," it was just the opposite--accusing them of advocating. But isn't it the Union's job to suggest what they feel is the best way forward to its members? Isn't that why union members pay dues?

Sam Neimeiser, 2nd from left
"To ask people to sign away their 1st Amendment rights--
that is unconscionable ."

Sam Neimeiser, union organizer, a young guy with Master's Degree in Applied American Politics from Florida State University, was down from Tallahassee. He is from a long family line of union members and activists. He makes a middle class worker's salary, so he can relate. He is standing up for what he believes--the city union workers in their dispute with the city and getting the benefits that they were promised. Sam told Glen Torcivia, city attorney, that there are possible legal problems for breaking promises made by the city to the employees who  never had a say. 

Glen Torcivia asked them if it was something the city could afford?  Sam mentioned the city putting $15 million into a park and told Torcivia that the city threw them under the bus with their statements in the Palm Beach Post.  "Absolutely," said the city attorney.


Left to right: Glen Torcivia who gets a 3% raise every year, Germaine English, Human Resource Director who just got a big raise last year to $90,000 and Maire Elianor, new Finance Director at $130,000 a year sitting there listening to workers making $13.85 plus an hour who haven't had a raise in eight years and their union contract is an on-going stall.

I have not been told if they came to any agreement but if not, it could go to Binding Arbitration, Mediation or Impasse. Although I did not witness any negotiation while I was there, I would think that both sides would want to continue along those lines, if possible. It may not be.

Impasse:
  • An impasse is determined when the employer and union reach a point during negotiations when both parties are reasonable in assuming that further bargaining is futile.
  • Once the employer reaches an impasse, an employer is permitted to implement changes to the terms and conditions of employment that are consistent with the previous proposals to the unions. However, employers cannot offer greater benefits or ones that differ than those presented during negotiations.
  • An employer can institute a lockout at this time in order to place economic pressure upon the union. However, employers should beware that unions may also call a strike at this point as well. 
Unsure if this description applies to municipalities.

20 comments:

  1. As far as the retroactive pay all they need to do is play back Triolo's interviews on WJNO and another stations that she stated that the raise would be retroactive. Can't the people of Lake Worth see that these people are nothing but LIARS. They said anything that would guarantee them re-election.

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  2. The Union did bend at the end of the meeting, which is misrepresentation. They agreed to consider NOT grandfather any employees in that signed in prior to 2010 into their contracts. Which means anyone that is currently employed within the city whether it be over 6 years, a decade or 15+ years will lose their promised "Signed" Contracts and be forced into a new ratified contract whichever that may be. The City also proposed a Me2 clause which states that the IBEW Union and the PEU/PMS would be on the same playing field, with the exception of pay / raises so again pretty much sliding in the 30 year retirement plan without any real benefits again... "then its obviously not a ME2." The Union did represent the employees properly on this point. I have spoken with many long-term employees and they are outraged that the Union is not backing them in their promised contracts. I myself am an employee and since I feel the Union is not representing me properly I will be seeking outside legal advice and paying for it out of my own pocket. I understand changing the pension moving forward but it is unconstitutional to change my ratified contract prior to 2010. I want my promised pension, what I signed into so many years ago, not anything more not anything less. I've sacrificed years of my life with low pay and zero raises for my pension. I cannot just sit on the side lines anymore and allow my years be wasted years.

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  3. WOW! I am shocked.
    Will your pay be retro-active? Was that negotiated?

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  4. Holy crap, you mean to say that the Union threw their own members under the bus? What in the hell has this been all about?

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  5. I didn't see "screw over our employees " as a bullet point on Pam Triolo, Andy Amoroso or Scott Maxwell's campaign literature.

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  6. In the beginning of the recording the Union was going so strong then the ending statements is when I lost faith. When they agreed to "consider" not honoring the contracts of any employees prior to 2010 was the moment I knew I needed to retain a lawyer. I will not allow my future to be taken away from me. I've worked to hard and to long without any advancement or even a penny more in pay for my promised retirement and now its just okay to have it all taken away? I think not, I know not!

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  7. Do you have Sam's phone #? Can you e-mail it to me?
    lynn113@comcast.net

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  8. All the employees matter. Just not only the older ones but the younger ones as well. The city has never acted in good faith and the sad thing is they hold all the cards.

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  9. the city just needs to honor the people's pension before the 2010 change and create a good lasting fair pension moving forward. its not fair to pull the rug out of all these employees that been here before Stanton imposed the new one. Is 901 anon saying true? is the union willing to forfeit the rights of their members contracts

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  10. What about offering the employees that came in before '10 a choice? Either:
    a) To stay in their promised contracts of 20 & collect at any age
    b) A yearly vesting to collect @ 62 years old
    c) 5-5-5 pension plan

    I am sure not all of them would choose option "a"

    Let them individually make a one time choice. Just like the person stated earlier not all of them are on the same playing field as to say. This would be good for the individual and the city, as well as showing good faith in creating a lasting fair binding contract. The city cant just shovel poo down the employees throats and call it chocolate. The Union too should consider all the employees and not just the mass bunch. Everyone after 2010 knew they were entering a 30 year pension and collect at 62. This deal is for the prior 2010 personnel. With the post 2010 at least give them a fair contribution rate with their contracts as well. The city has a chance, publically, to the right thing. I hope they don't waste it.

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  11. to "consider" something does not mean the union will agree to it. what does your Union rep say? what happened at the end of the day?

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  12. @ the end of the day the union stated they would consider not honoring the contracts for all employees prior to 2010 in entirety. The way I see it is that the City should honor those peoples contracts and then work in good faith with the Union to begin a fresh fair contract for everyone after 2010, a lasting contract.

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  13. They will be coming back for future discussions. The Union is still working on it for its members.

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  14. This is not a easy road when you have a City that live on making poor decisions, Yes ours union members are upset and that why we are back negotiating on the pension our members vote no this contract it was because a promise was made to them as a condition of employment, That the City would honer a 20 years and out pension in return for low wages.
    Now the City is saying that it no longer can sustain it because of poor decisions that they made over the years.
    What we said to the City is let work together to forge a value-creating agreement that leaves both parties happy.
    That don't mean we are planing on rolling our members under the bus.

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  15. wouldn't a lock out be a interesting way to go? Let the HR Dir, Finance Dir, and all the other NON Union employees TRY and run the city, what a laugh that would be, I would be the city would seek to settle the contract then and include back pay. The City is taking advantage of us employees so much it is sickening, stand our ground people.

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  16. Not rolling over on the employees means holding strong to the promises made prior to the 2010 imposed contract. Any change other than grandfathering those members is not in their interests, plain and simple.

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  17. We know that the City is playing hardball because they have pay their lawyers lot of money to keep their employees in check.

    This is not just the PEU/PMSA fight alone IBEW also have a vested interest in this, call a Me-2 clause as part of their contract meaning that if we get what was promise to us they will automatically get the same pension for their qualifying employees.

    I believe that the City will do the right thing, we have made a lot of compromise we will not compromise on this term of employment obligation.

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  18. its sad to hear how much the city devalues their employees. its funny that NONE of the incumbents that ran for re-election even mentioned the employees, not even once.

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  19. I hope the city chooses the right course. This essentially could be a defining point in moral and the citys public face on how they either value or devalue its workers

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  20. Has the city provided the union with economic basis for why they can not honor the employees contract with respect to those who were with the city prior to October 2010? A graph has floated around but has there been actual analysis prepared by the city and given to the union? In turn, has the union performed an economic study showing in turn how the city can afford to offer the 20 year plan to those employees contracted prior to October 2010? I don't see how a real conversation can be had without quantifiable numbers being presented, not a graph where you don't know how the calculations were performed.

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