Question 16

You asked: In your professional opinion who would you define as "the parties" in the language in the following LOU [#29]?

Let’s get into it.

LOU #29

Sign-Up

In the event CMBC develops or acquires the technology to allow Operators the ability to sign up electronically, the Parties agree to meet and discuss an alternative method of administering signups.

The Parties agree that three members from either side will participate.

The Parties agree that the Committee will discuss a method of administering the sign-up that:

1. allows operators to exercise their seniority to choose their work;

2. reduces the overall cost of a sign-up.

In the event the Parties agree to change the current sign-up process, such changes will be ratified by the Parties. (emphases added by Roger)

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The word “Parties” is used 5 times and in EVERY instance, the “Parties” are the Company (administrator/negotiator) and the Union (administrator/negotiator).  

The last use of the word Parties will expand to include the membership ratifying any changes the committee has recommended to their respective negotiators. If the membership votes “yes” to the recommended changes, the CBA will be modified to reflect the new language.

It turns out to be a moot question, however. This LOU was never invoked, and we are currently using an electronic system for sign up. There has been much discussion about LOU 29 and if it should have been invoked. Given that the parties are currently in bargaining, I would expect the language in Part “O” 2.01 to be changed to reflect how we are currently signing up. If that proves to be the case, this LOU should be removed as an appendage to the CBA.

Thank you for the question.

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