Sunday, December 26, 2010

Caveat Lectores on Grievance Mediation: Part 1

12-26-2010

I am going to generically define grievance mediation as a voluntary non-binding process using a professional labor mediator to assist the parties in negotiating a mutually acceptable resolution to their grievance dispute, where there is an alleged violation of a contract. It is “Let’s Make a Deal” in real life.

Labor arbitration is the heart and soul of Collective Bargaining. Without and grievance procedure ending in binding arbitration when the parties cannot settle a grievance a collective bargaining agreement cannot be enforced. However, arbitration the final option available to the parties not a desired result.

The Lector, as a labor attorney, has suggested grievance mediation many times to labor union clients. Sometimes successfully; sometimes not. Success occurs when the parties agree to mediate the dispute. All grievances do not have to settle during the mediation to be successful. If the grievance does not settle, the parties at least know more about the facts and issues as they go into arbitration, if it goes that far.

With labor leaders and managers who are not familiar with the process, there is sometimes resistance. This is unfortunate but expected. Mediation requires the parties to enter the process with a desire to settle a dispute. All too frequently, one side or both will only accept an absolute win or loss. If compromise is not an available option, the parties must go an outsider, a labor arbitrator, to cram an unpleasant result on one or both. So be it.

Binding arbitration is a valuable resource for resolving grievances which, for many good and bad reasons, may be beyond the ability of the parties to settle themselves. However, whether the negotiated grievance procedure includes binding arbitration, or does not, mediation of unresolved grievances can be an efficient and cost effective means of resolving many disputes.

My personal experience with grievance mediation, in Florida, has been overwhelmingly positive when I can get the parties to the mediation table. The few times when the process was not successful occurred when the real decision maker was not at the mediation meeting and later nixed the agreement made between the people at the table.

Installment Number 2 will focus in why grievance mediation is not more common.

More valuable information on grievance mediation is available in the Survivor’s Guide to a Successful Public Sector Union available at the Lectores Labor Consulting website.

And oh yes, have a nice Day?

Wjc

Caveat Lectores by Jeff Carnes
9200 Readers in 576 Cities, 46 States and 23 Countries
Read at your own risk.
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Saturday, December 18, 2010

Caveat Lectores on Florida’s Tax Burden 12-18-2010

Never one to just believe everything pushed upon me by the media, politicians and Teabaggers, the Lector decided to do a little elementary but secondary research into just how bad we Floridians are getting gouged on taxes.

Let’s face it; the state and local governments are out of control with all those wasted tax dollars. Right? They are bilking us out of everything we have just to support a bunch of lazy public employees. Right?

If you believe what the right wing conservative nutjobs like our governor-elect Rich Scott are telling us, you are one complete dumbass, and you deserve all the bad things that go with Rich Scott style tax reform.

Should you decide you cannot take any more Florida tax oppression and find the need to move, you will find your opportunities for tax freedom are limited to Wyoming, Nevada or Alaska.

We have been bombarded with lies about how much taxes we pay in Florida. We are 47 on the list. That number is suspiciously close to the same number that ranks Florida’s education system. I guess you get what you pay for.

The governor and the Florida legislature are about to go into session to see if they can make your life a little more difficult by making sure you have less service for what you actually do pay.

Rich Scott wants to destroy state and local government to create 700,000 jobs. HOW? He wants to treat state employees like third class citizens. They were already treated like second class. He wants to decimate the prison system. He wants to “reform” the 4th cheapest state to make it cheaper yet. The right wing nut jobs called Florida legislators are willing to help him do it so long as they can get their cut of the vig.

Now get your ass to work. If 12% of Floridians who are unemployed would work harder and for less, they would not be unemployed. What?

BOHICA. If you are public employee, you need to find a right winger and get them to kiss you before they screw you.

And oh yes, have a nice Day?

Wjc

Caveat Lectores by Jeff Carnes

8700 Readers in 576 Cities, 46 States and 23 Countries
Read at your own risk.
Lectores Labor Consulting 813-240-8165
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Caveat Lectores 0n Unemployment and Jobs 12-18-2010

OK…. Maybe the Lector is an idiot but maybe not. The politicians of the state of Florida and the nation for that matter, rePuPlican, Democrap and Tea Bagger alike, are stuck on the subject of jobs. There is an unemployment rate (UR) crisis. No Shit!

If UR for the nation is 9.3%, and the Florida UR is 12%. That Sucks! The UR for The Tampa Bay area is 12.6%. That Sucks … even more!

So what is the answer that politicians suggest will fix the problem of unemployment?
• Lower taxes for rich
• Borrow more money to pay for essential government services
• Reduce Social Security (FICA) taxes in a system that is starving for cash
• Reform and reduce government
• Take away pensions from government workers or at least reduce them
• Layoff government workers
• Reduce government regulation of business
• Reduce environmental regulations
• And on and on ad nauseum


Question: OK, what is there about these suggestions that will create jobs?

Answer: Not a FUCKING thing!

We are consumed by the economic malaise that covers our country. Things just are not as good as when we were borrowing dirty money on homes whose prices were inflated beyond reality to pay for things made elsewhere. Things are not as good as when we were making imaginary money on stocks from companies that did nothing more than sell stock. (ENRON)

Since Bernie Madoff and a host of others got caught in their Ponzi schemes, investors cannot get obscene returns on investments. How is our country supposed to survive without imaginary profits to support the wealthy?

The obvious answer is to dismantle government and put public employees out of work or at least back into subsistence level wages and benefits along with much of the private sector. Make it easier for unscrupulous businesses to cheat the public and ruin the water and air we breathe. Make sure that the livelihoods of our older citizens are ruined so they must work until death or dementia to avoid starving. That will make the employment rate soar.

When we were last involved in an even worse economic meltdown, called the Great Depression, we came out of because of the economic vitality that came to the USA because we supplied the world’s war effort with war products. We had the industrial capacity to manufacture and sell death all over the world. That will not work this time.

So what will work? It beats me. I have some ideas but none of them include what the leaders of this country are suggesting right now.

And oh yes, have a nice Day?

Wjc

Caveat Lectores by Jeff Carnes
8700 Readers in 576 Cities, 46 States and 23 Countries
Read at your own risk.
Lectores Labor Consulting 813-240-8165
LectoresIT.com
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Sunday, December 12, 2010

Caveat Lectores on Minorities and Politics 12-12-10

The Lector has been nearly silent since the November midterm elections disaster. I am not sure exactly why except that I was just trying to get a fix on where we are heading with all this. Where the ship is headed is more important than reliving its sinking. Quite simply, the middle class, the working but soon-to-be-poor and the pseudo-wealthy wannabees screwed themselves on Election Day. The chronically poor just sat back and watched the rape of social civilization like they usually do. I am tiring of worrying about the minorities, the poor and oppressed when they will not even vote.

But who are the minorities, the poor and the oppressed? Well….let’s see if I can identity a few of the traditionally recognized minorities:

• African Americans are the most visible because they are a different color. Their leaders make a lot of noise about their plight and their numbers. However, they do not spend money on elections, and worse yet they do not vote in sufficient numbers to achieve the impact they desire.
• Women are the most numerous, but they do not spend money on politics, either. They are easily splintered into factions who will vote against their best interests.
• Union Members spend money through their unions but not from their wallets. Unfortunately, many do not even vote which could be a good thing because they are even more splintered and vote consistently against themselves.
• Senior Citizens are a cruel joke. They make a lot of noise but their focus is so limited they are unreliable, self-centered and interested only in things that will last long enough to outlive them. Right wingers count on the adage that liberal people become more conservative as they get older.
• Gays and Lesbians come under the heading of “do not play well with others.” They will spend money and are usually quite liberal and somewhat numerous but ineffective without support from other minority groups. Because they are not fully socially accepted as a political force, they have to reside in the shadows for fear of alienating their not so loyal “friends.” The G&L community is a part of all the other groups and will side with any group that will endorse its agenda.
• Religious Factions are potent but inconsistent. Sometimes liberal; sometimes conservative, but only if it comports with their idea of what their “god” would endorse. Remember, they rely on direction from religious leadership that claims a special connection to something or someone who may not exist except in the faithful imagination of believers. They will flip in a heartbeat.
• Ethnic Minorities are growing rapidly but not politically visible, do not spend money and do not vote as a group because their interests are so diverse.


Wealthy People and Corporate Interests are neither poor nor oppressed. They are the smallest minority of all, but they are easily the most potent. They vote and spend money to get the other minorities to vote against themselves. They have successfully bought the most powerful legislative majorities in recent history.

BOHICA

For the first time in my adult life, I am truly concerned that the right wing conservative nutjobs may do harm to me and others like me that will not be undone in my lifetime.

And oh yes, have a nice Day?

Wjc

Caveat Lectores by Jeff Carnes
8900 Readers in 576 Cities, 46 States and 23 Countries

Read at your own risk.
Lectores Labor Consulting 813-240-8165
LectoresIT.com
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Sunday, December 5, 2010

Caveat Lectores on Sanity, Relevance and Peace of Mind. 12-04-2010

Recently, the Lector commented on Facebook as follows:

“A look at the Caveat Lectores statistics for the month indicates we lost three readers. YES!! We must be doing something right. Remember: Read at your own risk. "...la plus belle des ruses du diable est de vous persuader qu'il n'existe pas!"

Caveat Lectores is sometimes a morsel of unvarnished truth flavored with a ...dash of humor. Rarely too tough to swallow but occasionally a little tough to chew.”

Here is the Caveat Lectores warning to its readers: “Read at your own risk. You may learn something you did not want to know about ALL Public Employees: Firefighters, Paramedics, Law Enforcement, General Employees and Teachers.

Caveat Lectores mission: to incite you to smile or frown at what you read here. If it does neither, it is a waste of our time.”


After that post, we promptly lost about 35 more “Friends.” I guess that tells me there were quite a few who have been observing my Rants without agreement but quietly allowing them into their Facebook world. When I laid down the gauntlet, they made their feelings known by turning Caveat Lectores off. Or it could be because I sometimes punctuate the Rants with vulgarity and various forms of profanity. Or it could be because I constantly try to insult right wing nut job conservative rePuPlicans and Teabaggers. Or it could be because they are just tired of reading my Rants.

I recently received a phone call from a good friend and client who is a Republican union leader. He expressed concern that I was going too far to the left in the Caveat Lectores Rants. It was just after the midterm elections, and he felt that the right wing nut job conservative rePuPlicans and Tea baggers had now become mainstream. He suggested that my sanity and relevance were in question.

Sanity has been an issue for me since I left the relative security of the fire service for the unknown world called “labor lawyer land.” I knew I was casting my safety line aside for the insecurity of doing things my way. It is a curse not a blessing to think you are smarter than the other members of the wolf pack. I may be insane but have enjoyed every minute of my insanity.

Relevance is what really matters to me. I will miss some of my “Friends” but will continue to Rant about the things I feel are important to public employees; those who receive the services they provide and pay their salaries.

Comments are always welcome. I just ignore the ones that do not agree with my support for employees.

And oh yes, have a nice Day?

Wjc
Caveat Lectores by Jeff Carnes


8700 Readers in 576 Cities, 46 States and 23 Countries
Read at your own risk.
Lectores Labor Consulting 813-240-8165
LectoresIT.com
Caveat Lectores on Facebook
Do the Lector a favor: If you like the stuff we post, share it on your Facebook profile by clicking the "Share" link under the item you like. Also, please use the "Suggest to Friends" link below our logo in the upper left corner to tell others about our Facebook page!


Thursday, December 2, 2010

Caveat Lectores on S. 3194: Update 12-2-10

In July 201o, the Lector penned a wonderful blog piece directed to the “Public Safety Employer-Employee Cooperation Act” aka S. 3194 aka “Police and Firefighter Monopoly Bargaining Bill.” It is captured below for you edification and education, if you care to learn something you may not want to know.

Today, I heard that it might come up for a vote in the Senate so I did a little research into what happened. Nothing happened so far as I can determine.

All I can say is that it is shameful what the rich and right wingers will do to try to keep working people from exerting a legal right that all people should have. The lies being spread are without parallel. In order to refute the lies, I would have to repeat them which would reinforce the ignorance of the ignorant.

If this propaganda is any indication of what it will be like in the near future as the right wing conservative rePuPlicans and tea baggers begin to try to legislate, all I can say is we are fucked. The only good news is that they will fuck themselves at the same time.

Beam me up Scottie.

Caveat Lectores on S. 3194: Lies and Deception

The Lector has avoided weighing in on the discourse about S. 3194: officially the “Public Safety Employer-Employee Cooperation Act.” The main reason was my laziness. As a political hack, I knew what I would read about the bill on any given day was slanted one way or the other. As a lawyer, I knew that I would only have to live with what was passed by Congress not the labor or management spin. Either way, I was waiting on the end result before really getting engaged.

If it passes, public safety employees in anti-employee states will get a boost in their efforts at recognition of their rights. Fire and police in states that already sanction collective bargaining will see very little change unless the state law in effect is substantially inferior to the federal law.

Both sides have been spinning this piece of legislation to the point of absurdity, but the management side has certainly won the grand prize for lies and deception.

By management I mean the “right to work” anti- employee political factions who are insanely fearful of losing the death grip they have on the "second class public sector workers" of this country. These “factions” are typically right wing conservatives and tea baggers; however, there are some Democraps who would like to see S.3194 fail as well.

Naturally, nearly all management oriented lobbying groups oppose S. 3194 because that is what they do. It is their job to oppose worker rights. The more professional groups tend to publicly take a somewhat less fraudulent stance in opposition but not all.

The Internet and other media are inundated with nearly identical scripted stories about the “Police and Firefighter Monopoly Bargaining Bill.” Each details the horror of what will happen when public safety employees are given the right to participate in their professional careers by deciding whether to form a union and voting on whether to become part of the collective bargaining process. The scripts refer to big labor and union bosses who will place police officers under their thumbs and bankrupt local government. The scripts claim firefighters will watch buildings burn while on strike if the poor public agencies do not succumb to their greedy demands.

Googling the term “Police and Firefighter Monopoly Bargaining Bill” produced 1,020,000 hits. Right wing bloggers are having spasms as they draft pretty much the same story of how the world we know it will end if S. 3194 passes. Letters to the editor, in what is left of newspapers, abound with the same distorted message. The public is being encouraged to plead with their elected officials to save them from the ever dreaded scourge of collective bargaining.

Here are some sad examples of the false “facts”:
http://www.teapartypatriots.org/BlogPostView.aspx?id=eff325c4-04f0-4d49-abdd-204ee0fef6cd
http://www.theledger.com/article/20100716/EDIT02/100719890?Title=Beware-Public-Safety-Unions

The current state of public sector collective bargaining law is a mess that needs attention. There is no federal law for state and local public employees like the NLRA (passed in 1935) which requires a certain level of conformity among the states and applies the rule of law to a subject that is fraught with dispute.
Here are some facts:
• Twenty-six states that allow collective bargaining for public employees are: Alaska, California, Connecticut, Delaware, Florida, Hawaii, Illinois, Iowa, Maine, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Vermont, Washington, and Wisconsin.
• Twelve states have laws that provide bargaining rights to specific groups of workers (e.g. state workers, teachers, or firefighters) but not to all state and local government workers are: Georgia, Indiana, Idaho, Kansas, Kentucky, Maryland, Missouri, Nevada, North Dakota, Oklahoma, Tennessee, and Wyoming.
• Twelve states do not have collective bargaining laws for public employees and some actually forbid collective bargaining. They are: Alabama, Arizona, Arkansas, Colorado, Louisiana, Mississippi, New Mexico, North Carolina, South Carolina, Texas, Virginia, and West Virginia.

What troubles me most is not that management opposes S. 3194. I would not expect anything different. It is the extent to which the right wing conservatives will lie and distort the facts to try to win the battle against worker rights. I actually know the facts about public sector collective bargaining, and I know the world will not end with the passage of S. 3194. Neither will the problems associated with terms and conditions of employment in anti-worker states come to an end, but it will be a start in the right direction.

Too many of the firefighters and law enforcement officers in this country want to align themselves with single issue conservative causes. These misguided brothers and sisters continue to support those who seek to dominate and harm them. That is the classical definition of a tragedy.

And oh yes, have a nice Day?

Wjc

Caveat Lectores by Jeff Carnes

8700 Readers in 641 Cities, 46 States and 32 Countries
Read at your own risk.
Lectores Labor Consulting 813-240-8165
LectoresIT.com
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