WHAT IS THE UNION SAYING ON ITS WEBSITE?

Union Question: “What are we guaranteed if we organize a union with IATSE?

Union Answer:

REALITY CHECK:  Before you make a major purchase, don’t you want to know what other people have to say about that product?  What do members of Local 700 have to say about the Union?  Let’s take a look at excerpts from two charges filed by members of Local 700 against their own Union.  You can also click on the following link to review the entire charges for yourself:

CLICK HERE

These members of Local 700 say:
“…We were pressured into signing authorization cards and joining Local 700 by being told that would give them more power to negotiate on our behalf. Local 700 did not negotiate on our behalf. Local 700 didn’t even ask us what we would want in a contract. We were not told when or how decisions would be made regarding our base pay or given any say in the matter whatsoever. As a result, many of us are facing a worse deal than what we had before the so-called negotiations took place.”
“Then came a shocker! Without any further discussions with IATSE, I was notified by my Employer that as of Aug. 01 2006, Foley Artists, under the umbrella of IATSE will be forced to take a drastic cut in pay (in my case $200 per day), be required to work more hours and be referred to as ‘associate editors’. How could this happen? We were clearly railroaded unethically miss-led, and baited into a non-informed contract which should be revoked immediately!!”

We don’t know the outcome of these charges.  We are not saying this will happen at Technicolor.  But these members of Local 700 felt strongly enough about what the Union got for them (or did not get for them) in negotiations to file charges with the federal government.  

Union Question: “Why is management writing fliers, sending emails, and holding meetings to bad-mouth the union?”

Union Answer: “Management will spend a lot of effort — and a lot of money — trying to convince us that forming a union is risky and expensive. Already they've hammered repeatedly on the themes that we'll have to pay dues, that the union can charge us fines, and that we could lose pay or benefits in contract negotiations. But management isn't really worried about what a union could cost us; they're worried about what a union could cost them.”

REALITY CHECK:  The Company wants you to make an informed decision when you vote on election day.  As such, we think you should know the facts about your obligations as a potential member of Local 700.  These include dues, possible fines and the uncertainty of good faith negotiations.  To that end, the Company is devoting time and effort in providing you with the information you need to make an informed decision.  However, for some reason the Union keeps harping about the Company’s attorneys.  Shouldn’t they be spending more time telling you why they think the Union is a good idea??  When a politician wants your vote, he doesn’t spend the whole campaign telling voters about his opponent’s lawyers.  He tells voters what he will do for them if elected.  So why is the Union not telling you what they will do for you?

Union Question:  “Do we potentially stand to lose some of what we have now (pay, vacation time, health benefits, etc.) if we go union?”

Union Answer: “The more critical question is whether it is likely that we’ll lose pay, vacation time, health benefits, etc., if we go union. And the resounding answer is no. Because we (the workers at Technicolor) aren’t likely to agree to it, and we will have the final say...”

REALITY CHECK:  The Union cannot guarantee what is “likely” to happen in good faith negotiations.  Everything is put on the bargaining table, including wages and benefits.  You could end up with more, less or the same as what you have now.  Don’t let the Union fool you by saying what is “likely” to happen or not.  If they’re saying you won’t lose pay, vacation, time, or health benefits in good faith negotiations, have them guarantee it in writing. 

Union Question: “Can we be forced to strike if we unionize?”

Union Answer: “Thomson/Technicolor management might try to scare us about the possibility of a strike. However, there hasn't been an IATSE strike against Technicolor in over fifty years. For many decades, the union has been able to negotiate agreements with Technicolor to cover their Lab Workers, Projectionists, and Post-Production Sound employees without it coming to a work stoppage. What makes anyone think we can't work things out at our facility, too?”

REALITY CHECK:  Don’t let the Union fool you into believing that strikes are not a possibility.  The Union says there has been no IATSE strike against Technicolor in over fifty years.  But what about against other employers?  According to available records, IATSE has had 21 strikes since July 31, 1992.  And that doesn’t include all other strikes that may have occurred before that date.  Whatever the Union says, have them prove it to you.
Click on the following link to see a list of IATSE strikes since July 31, 1992:

CLICK HERE

Additionally, the Union Constitution expressly authorizes the Union to hold a strike vote.  Page 53, Section 5 of IATSE’s rule book states:
“A three-fourths majority of the total number of members present entitled to vote shall be required to legally carry a motion to call a strike…”
That means it is not three-fourths of Union members who vote on whether or not to strike.  It is three-fourths of Union members present at the vote who will make that decision. 
What if a Union member does not want to go on a possible strike?  Page 53, Section 7 of the Union Constitution states:
“Any member who fails to obey a strike call of his local union shall be subject to fine, suspension or expulsion upon conviction.”
Click the following link to see an annotated IATSE Constitution:

CLICK HERE

Union Question: “Is it true that the union can force me to pay massive fines?”

Union Answer: “Both Local 700 and its parent organization, the IATSE, have provisions in their By-Laws and Constitutions for fining (or even expelling) members found to be in gross violation of union policy. In practice, though, no Local 700 member has been assessed a fine in more than thirty years, with the exception of $5 fees for paying dues late and $10 fees for bounced checks.”

REALITY CHECK:  According to Local 700’s 2009 financial statement, Statement B, Item 37, Local 700 collected more than $800,000 in fees, fines, assessments, work permits.  Click the following link to see an excerpt of Local 700’s 2009 financial statement:

CLICK HERE

Union Question: “Will the company have to shut down the facility or lay off a lot of employees if we choose to form a union?”

Union Answer: “If there's a downturn in the future, layoffs can happen at a unionized facility, just as they can happen now, without a contract. The difference is that, with union representation, we can negotiate over the impact of layoffs. Many union contracts, for instance, specify the amount of notification and severance the company must provide in the event of layoffs. As we saw recently, without a union contract, the company has no obligations to employees when it decides layoffs are necessary.”

REALITY CHECK:  The Union cannot guarantee that you would get any specific amount of severance in the event of a layoff and they can’t guarantee that a lay off would not occur.  If they are saying otherwise, have them guarantee it in writing.

OTHER FREQUENTY ASKED QUESTIONS

Question:  Is it true that my dues will pay for health insurance?

Answer:  NO.  This is a significant misunderstanding shared by many.  The Company pays for employees’ health insurance.  Even if the Union has its own health plan, it is the Company that pays for Company health insurance.  Your dues money would go to pay Union officials’ salaries and for things like political lobbyists.

Question:  According to the IATSE Constitution, how long will it be until we have to pay dues?

Answer:  According to Local 700, Union members will not have to pay dues until a first contract is negotiated.  However, the Union’s Constitution says nothing about not having to pay dues until a first contract is negotiated.  That means what the Union says means nothing unless they guarantee it in writing.  One thing is clear, dues are a big deal for the Union.  Page 51, Section 11 of their Constitution states: 
“Members of this Alliance shall be obligated to meet the financial obligations properly imposed upon them by their respective local unions.  Members may be suspended or expelled without trial by local unions for non-payment of dues and other financial obligations.”
Click the following link to see an annotated IATSE Constitution:

CLICK HERE

Question:  In my classification, will I have to join the Union?

Answer:  If your classification is included in the bargaining unit, you will have to join the Union if Local 700 wins the election.  The Union will try to get what is called a union security clause, or a closed shop, into the collective bargaining agreement in negotiations.  This typically means that if the Union wins and your classification is included in the bargaining unit, you must become a member of Local 700 within 30 days or the Company would have to terminate your employment.   

Question:  If I don’t want to join the Union, can I just not vote and see what happens?

Answer:  Not voting is the same as a vote for the Union.  It is not the majority of eligible voters who determine if the Union wins the election.  Rather, it is the majority of those who actually cast ballots and vote who make that determination.  That means that if only 4 employees vote and 3 cast ballots in favor of the Union, the entire bargaining unit will then be represented by Local 700. 

Question:  Is it true that we will not vote until after negotiations have taken place?

Answer:  No. The election is held first, then, if the Union wins, the Company engages in good faith negotiations with the Union.  Union members will then be bound by whatever the parties agree to.  That is why voting for the Union presents such uncertainty.  In good faith negotiations you can end up with more, less or the same wages and benefits you have now.