Download The Collective Bargaining Program

Bargaining Timelines
The Newspaper Guild – CWA has a wonderful tool in our Collective Bargaining
Program. It has history. It has diversity. And it has the potential to help our locals bargain
great contracts. However, the document alone is not enough. It needs people,
cooperation, coordination and needs to be used in concert with other tools to achieve
great contracts. To that end, the following timelines are suggested to make sure that the
program succeeds:
One Year Before Contract Expiration
Call from TNG Collective Bargaining Department to the Local President. Purpose is to
introduce the process and explain the first step, the two written assessments. The first is
the Local Power Analysis. The second is the Contract Analysis. These assessments will
be carried out by the Local with the assistance of an International Representative, who
will be assigned within the following week with notification to both the Local and the
Regional VP.
Nine Months to Expiration
Both assessments are due back from Local and the International Representative to the
Collective Bargaining Department. They can, of course, be completed and submitted
earlier.
Eight Months to Expiration
The detailed Contract Expiration Kit is sent to the Local. A cover letter from the
Executive Secretary of the Contracts Committee notes that Locals should verify the
duration and renewal clause of the expiring contract, to ensure timely notice to the
employer. The kit includes the TNG-CWA Bargaining Program; Bargaining Procedures;
Constitutional Requirements; U.S. or Canada contract as applicable; form letters for the
request to bargain (as sent to the employer); sample information-request letter to the
employer; notices as required by law in the U.S. or Canada, as applicable; request for
CWA strike approval form; directions to the minimum wage tables on the website; CWA
Mobilization Manual; other resources such as Pension Fund booklet for U.S. Locals.
TNG-CWA must be copied on all form letters and forms sent to employers or
government agencies. It is essential that no deadlines be missed.
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Most contracts require the employer to furnish information to the Guild, and locals in the
U.S. are entitled under law to payroll and other information that is needed in order to
bargain intelligently for new contracts or to administer existing contracts. Locals in
Canada may seek payroll and other information needed for bargaining or administering
contracts, and the employer may be compelled by law to furnish such data. The Guild can
help locals draft requests for information, and can also assist in the analysis of that data.
Locals are constitutionally required to consult with TNG before seeking legal
enforcement of their right to obtain such information. There is no legal bar to the
disclosure of payroll or other information to the membership in such forms as bulletin
board notices or local publications. A summary of payroll information obtained by locals
shall be forwarded to TNG so that it can be made available to other locals.
Six Months to Expiration
The Local’s Timeline for preparation and bargaining of contract is due at TNG Collective
Bargaining Department. The Local should already have its bargaining committee in place
(the bargaining committee must have no less than 3 members per TNG Constitution). The
bargaining committee should be broadly constituted and represent all departments, and
the International Representative assigned to the Local is available to assist.
Locals should determine their members' views on contract proposals by holding meetings
and other methods. Membership surveys are very useful, and TNG-CWA is able to
provide samples. These information campaigns are necessary to build bargaining power.
Locals should carefully substantiate their proposals, and should prepare both specific
language for each proposal and then final contract language.
Locals should form a Mobilization Committee to increase the union’s power through
membership education and involvement. Mobilizing is the process of Educating the
members about an issue, then involving the group in taking Collective Action, and
Organizing the group to take further Action. Training and support are available from
TNG-CWA to assist each Local in establishing a culture of membership Mobilization.
Expenses for mobilization, as with those of bargaining, are expected to be paid by the
Local, and a Local defense fund is recommended. Assistance of TNG’s negotiating staff
will not be made available to locals that have not committed to membership Mobilization.
A “map” of the unit --- diagramming at least what groups are to be mobilized, the number
of members in each, and potential mobilizers to help carry out the actions --- should be
completed. This should be included with a formal written Mobilization Plan, and both
submitted to the TNG-CWA Collective Bargaining Department.
Locals that cannot demonstrate a mobilized and involved membership will not be eligible
for mobilization funding. Requests for mobilizing media and campaign funds; which will
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be used to add to an on-going campaign funded by the Local; from either TNG’s
Mobilization and Defense Fund or the CWA Defense Fund, will be contingent on
compliance with policies as outlined.
Three Months to Expiration
The proposals are due at Collective Bargaining Department for approval no later than the
15th day before submission to the employer. This provides the mandated time for
approval, but also gets the bargaining committee working and submitting the proposals.
At Expiration and Beyond
All bargaining bulletins and/or regular bargaining reports should be shared with
Collective Bargaining Department.
One year past expiration, if a new contract has not been reached, the Power Analysis
should be updated and shared with the TNG-CWA Collective Bargaining Department.
Ratification
Before a contract offer is placed before the membership for a vote, it must be sent to the
Collective Bargaining Department for approval. The TNG Constitution provides 5 days
for the approval process.
When a tentative agreement is reached, the language must be submitted to the Collective
Bargaining Department prior to ratification. After a contract is ratified, the contract is to
be submitted (again) for review of language before signature.
After ratification, copies of the contract, both electronic and printed copies must be
submitted for the files and electronic database, to the TNG-CWA Collective Bargaining
Department.
In the Case of Early Bargaining, all of the above steps must still be taken.
Locals must continue to pay their dues on time, submit their audits, LM forms in the
U.S., proof of bonding, and remain in good standing with CWA and TNG.
Failure to comply with all TNG-CWA Constitutional requirements (Art. XIX and Art.
XI, Section 15) related to collective bargaining will disqualify a local from receiving
legal assistance under the legal services program.
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Specific elements for Local Leaders to note
1. Form of contract: Parties to a contract shall be the local Guild or TNG-CWA, on the
one hand, and the employer or employers, on the other. Guild jurisdiction shall be
covered by a single contract with basic provisions uniform for all departments. Where
one division of the Guild's jurisdiction is already under contract, any other division
shall be covered by a supplemental contract expiring at the same time. A contract
between the Guild and employer is a listing of the rights and privileges guaranteed to
the employees by the employer. A contract shall be in writing and shall cover all
points of agreement.
2. Side Agreements: All points of agreement shall be made in contracts rather than in
side agreements or cover letters. If, of necessity, such agreements are made they are
subject to the same constitutional rules as the contract itself. They shall be printed in
the same manner as the contract and made available to members.
3. Interference with Negotiations: Any attempts to intimidate or improperly influence
bargaining committees or Guild members during negotiations shall be reported
promptly to local Guild officers. Local action shall be taken immediately. Upon
request from a local, TNG will assist in developing a response to attempts to
improperly influence negotiations.
4. TNG-CWA Executive Council Policy on Accessing Defense Fund Assistance:
Locals must be aware of the policy of the Executive Council policy on financial
assistance from the TNG-CWA Defense Fund which requires:
a) A specific written request.
b) A completed strike authorization form and early warning profile, whether or
not the strike is in progress or contemplated. The form should list the local’s
preparedness for a labor conflict, as well as its mobilization efforts aimed at
attaining a new agreement
c) The request should be made at least one month before the money is needed.
This will allow the TNG-CWA Finance Committee to consider whether
requests should be forwarded to the CWA Executive Council for funding from
the CWA Defense Fund.
d) Upon completion of a campaign, each local will provide a report explaining the
campaign’s results and a full accounting of how the money was spent.
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