Aug. 31, 2004

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BARGAINING BULLETIN #23

Guild, Management Reach Job-Security Agreement In RFA Contract Talks

After weeks of wrangling and often-times torturous bargaining, the Guild and RFA have reached agreement on key job security issues. Agreement came at bargaining Monday, August 30.

Both sides made significant compromises to reach agreement on how layoffs – if they ever occur – are carried out. The Guild had proposed a strict seniority system in which the newer employees would be laid off before more senior employees. RFA had demanded a system in which managers would have the absolute right to pick and choose who would get laid off – but said it would always keep the best workers.

In the end we agreed on a hybrid system.

If RFA wants to keep a more junior employee it will have to prove that the junior employee is superior to the senior employee based on three criteria: Operational need; job performance; and seniority.

Seniority is simply the length of time an employee has been at RFA.

Operational need includes the RFA experience of the affected workers and their ability to do the remaining work.

Job performance will be calculated by averaging the three most recent overall annual evaluation scores (four for “outstanding,” three for “good,” two for “fair” and one for “unacceptable”) for the affected employees. An employee who hasn’t had three evaluations would be given a “three” for any missing evaluations.

Unless RFA can show -- after looking at all three criteria -- that a junior employee is “superior” to a senior employee, layoffs must be done in inverse order of seniority. If RFA determines a more junior employee should stay it would have to prove to an independent arbitrator that the junior employee is “superior” to the senior employee (unless the Guild and employees involved agreed with RFA’s decision).

RFA’s bargainers made clear that when the evaluation scores are relatively close that seniority would trump. RFA also revealed that all but a handful of employees get “good” in annual evaluations so evaluations often-times may not even be a factor.

“This isn’t a perfect system, but it makes seniority a strong component and puts significant roadblocks up if RFA managers try to play favorites when it comes to layoffs,” said Guild chief bargainer Paul Reilly.

Earlier the two sides had agreed that layoffs would be by broad job categories, i.e. all broadcasters would be grouped together in a Language Service instead of just targeting Broadcaster I or II etc. RFA also had agreed that contractors could not be used to replace laid off employees. And finally, RFA agreed to give at least 30 days notice of any layoff. Initially RFA said it couldn’t agree to a minimum notice period.

Bulletin Board

In what may be a record, after ten months of bargaining RFA finally has agreed to provide a union-controlled bulletin board. This contract provision is usually a routine matter that is settled at the start of bargaining.

But RFA had insisted for months that it control the bulletin board – deciding what could be posted; posting the items and taking the material down.

In the end, RFA agreed to provide a glass-enclosed bulletin board in the main kitchen. We will have the keys and be able to post any union related material we choose.

The next bargaining session is scheduled for September 13. RFA will begin presenting its economic proposals.

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