Dear Local Presidents and Union Activists,

(This was originally sent to Local Presidents with TSCs in their Locals and TSC Union Reps. I received some feed back that this was also appropriate for Field Offices because managers may be trying the same tactic - using "Reminders" to unilaterally and by stealth, to change conditions of employment and attempt to avoid their statutory obligation to bargain with the union over such changes.)

It has come to my attention that a number of managers are issuing "Reminders" to the staff and in doing so, attempting to wipe out past practices and other rights of employees. These "Reminders" are frequently biased and may not accurately reflect the rules of the workplace. One that I saw "Reminded" employees that they had to get their coffee BEFORE clocking in which WAS NOT the past practice. This is a change of a past practice if employees had the practice of getting their coffee AFTER clocking in, then going to their desk. It is incumbent upon the union to timely (within 3 days) request to negotiate on any management attempt to change conditions of employment. Conditions of employment are generally things like eating at your desk, posting your children's pictures around your work station, dressing the way you like, not the way your manager likes, and everything that does not fall under "management rights" to assign work. (You should also request to negotiate on any changes to the way the work is done).

Read these "Reminders" carefully and request to negotiate on any variances from the reality of your workplace and make sure you assert your past practices by requesting to negotiate and filing a grievance or ULP if necessary. Talk to your Local President or other Local officer in charge of grievances and ULPs before filing anything - but you should request to negotiate immediately.

You will lose your past practices unless you assert your right to bargain and insist on the status quo. In requesting to bargain, you can propose the status quo and request to bargain in substance. If you have any questions, call your Local President or email me. You know what has gone on in your workplace. This is a transparent attempt to change the rules of the workplace. We know management will respond with the traditional battle cry (say this with a parrot voice) "Covered by contract. Awwwk!". Don't buy it, don't believe it. The term used to describe this management ploy is "transparent subterfuge".

Past practices belong to the union and the employees, not management. If the union does not request to negotiate, we will have waived our rights, unless a grievance is filed (which costs money to arbitrate). Management will refuse to bargain and we can file a ULP or grievance but the refusal to negotiate makes our grievance stronger if the Local decides to go that route.

Charlie Estudillo, 1st Vice President Council 220