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LIUNA response letter to MSD 11-10

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Laborers nternational of North America AFL-CIO Local #576 November 10,20'1.4 Mr. Austin Vice Chair - MSD Board Louisville & Jefferson County MSD 700WestLiberty Street Louisville, KY 40203-1911 Dear Mr. Austin: our letter dated November 4, 2014, which mentions your concern for th e  erosion of public trust in the services f MSD. I share hat concern, o I am writing to clarify the numerous errors in your letter. As you will see n the Cc list below, I also am copying many officials who guard the public trust in our city and our commonwealth. am attaching a copy of your November 4 letter f or their benefit. First, we must correct your charge hat clear threats including directing MSD workers to walk out on strike were presented at the Board meeting. No threat to direct a strike was made at that meeting. The only mention of a strike came rom a worker speaking on behalf of his colleagues at the Cenhal Maintenance Facility. He never threatened o strike. He only mentioned that he and his coworkers had voted to strike, and he noted that the vote preceded he workers' collected efforts to get you to do the right thing. I am attaching a copy of that worker's speech or the benefit of you and this letter's readers. Second, we are confused by your commenf [t]he biggeststicking point is the arbitration process, which is followed by a reference o binding arbitration. The Union moved past binding arbitration long ago. Although that originally was a grave concern for us, we conceded t in a good-faith effort to reach compromise with MSD. We are discouraged hat your letter demonstrates uch a poor grasp of our bargaining history. Third, we must correct the way you characterize he final contract offer from Local 576. Youcall it a proposal. You even appear o present a counteroffer when you detail the advisory arbitration process you prefer. Let us be clear. The contract anguage he Union gave you on October 27,20'1.4, s its last, best, and final offer.
Transcript
Page 1: LIUNA response letter to MSD 11-10

 

Laborers

nternational

of North America

AFL-CIO

Local

#576

November 10,20'1.4

Mr. Austin

Vice Chair

-

MSD Board

Louisville

&

Jefferson

County MSD

700 West Liberty

Street

Louisville, KY

40203-1911

Dear Mr. Austin:

our letter dated

November4, 2014,which

mentionsyour

concern for

the

  erosion

of public trust in the

services f MSD. I share

hat concern,

o

I am writing

to

clarify

the numerous

errors in your letter. As

you will see n

the Cc list below, I

also am

copying many officials who

guard the public

trust in our city and

our commonwealth.

am attaching a

copy of your

November 4 letter for their

benefit.

First, we must correct

your charge hat clear

threats including directing

MSD

workers to walk

out on strike were

presentedat the Board meeting.

No threat

to direct

a strike was made

at that meeting. The

only mention of a

strike came rom a worker

speaking on behalf of his colleagues

at the Cenhal

MaintenanceFacility. He

never

threatened o strike. He only mentioned

that he and his

coworkers had voted

to strike,

and

he noted that the

vote

preceded

he workers' collected

efforts to get you

to do the

right thing. I am attaching

a copy of that worker's

speech or the benefit

of you and

this letter's readers.

Second,

we are

confused by your commenf

[t]he

biggest sticking

point is

the

arbitration process, which

is followed

by a

reference

o binding

arbitration. The

Union

moved

past

binding arbitration

long ago. Although that

originally was a grave

concern

for us, we

conceded

t

in a good-faith effort

to

reach

compromise

with MSD.

We are

discouraged hat

your

letter demonstrates

uch a

poor grasp of our bargaining

history.

Third, we must correct the way

you characterize he final

contract offer from Local

576.

Youcall

it a proposal. You

even appear o present

a counteroffer when you

detail the

advisory arbitration processyou prefer. Let

us be clear.The contract

anguage

he

Union

gave you

on

October

27,20'1.4,

s its last, best,

and

final

offer.

Page 2: LIUNA response letter to MSD 11-10

 

A last, best,

and final offer

works

just

as the name suggests.

The Union

will not be

making

any more concessions.

It

will not entertain any

new proposals or counteroffers.

This knowledge

should simplify your

Board's task

at its upcoming Special Meeting.

In

order

to craft a formal

response to us, you need only

choose one of two options

-

yes or

no .

The last, best,

and final offer

is not a strong-arm tactic.

It is only an attempt to hold you

to the agreements

MSD made. My last

letter to you recounted our

extended

negotiations on

August 15, which produced

tentative agreements on

the outstanding

contractual

concerns.

Contrary to your November

4 letter, those tentative

agreements

included a

mutually accepted management-ri ghts

clause. On

August 28, the parties

agreed on.minor

adjustments to the

August 15 agreement.

These

sessions nvolved the

work of both

parties' representatives, including

the following: Ellen Hesen, the chief of

staff to

Louisville's mayor; Greg Heitzmann,

the executive director of

MSD; Lynne

Fleming, MSD's HR director;

John

Sheller, MSD's outside counsel;

David Suetholz,

counsel

to Local 576;

the members of the CMF

workers' negotiating committee; officers

from

Local 576; and Louisville

Labor Management Committee

Chair Bill

Meeks.

The

IJnion's last, best,

and final offer is simply a

restatement of the agreement these people

helped us

reach.

Your letter expressed concern

for the productivity and

length of negotiations. Now is

an opportune

time to demonstrate whether

those concerns are genuine. Choosing to

honor

your tentative agreements by

accepting the Union's offer

would end the long

negotiations

and

give your

workers an

employment

arrangement they can

accept.

Going back on

your word and rejecting the Union's

offer would leave

this process

unsettled and

tell a large group of organized, energetic

workers that you do not respect

them.

The right choice is obvious.

For the sake of your institution, your

workers, and

your

city,

please make it.

Sincerely,

fuirfu-

Lawrence

Winburn


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