Bargaining Update #18 – 5/21/2024

Snapshot Summary

  • Takeaways: Despite the company only being present at the table for the morning, we were able to carry momentum from the previous day and our recent actions to achieve good progress on several open items, revisit some older proposals, and put forward one new item. We worked hard to revise proposals all day to get quick responses to the company, and reached a number of new TAs by the end of the session.
  • Upcoming Sessions: June 13th, June 14th, June 28th
  • Tentative Agreements: Hours of Work, Schedules & Breaks; Resignations & Terminations; Bargaining Unit Work; Open Bargaining Unit Positions; Contracting Out Work; Bulletin Boards
  • Union Proposals: Bargaining Unit Work; Management Rights; Hours of Work, Schedules & Breaks; Policies & Procedures; Resignations & Terminations; Open Bargaining Unit Positions; The Weekend; Fringe Benefits & Company Perks; Overtime; Bulletin Boards
  • TCGplayer Proposals:  Personal Leave; Overtime; Open Bargaining Unit Positions; Bulletin Boards

Full Report

On May 21st, 2024, we had our eighteenth bargaining session for our first contract. Our team for this session included Briana Thomas, Ethan Salerius and Bob Guy, as well as CWA staff rep Mike Garry. We were able to resolve several outstanding proposals for six new TAs.

The first half of the day was filled with productive discussion on the articles in front of us, but eBay’s team never returned after we split during midday for caucus. While we were able to reach a handful of TAs on subjects we were previously close on, we had no opportunity to discuss with eBay’s team the proposals we drafted in the second half of the day.

We are confident that we have been doing everything in our power to move this process forward, and despite the company’s absence during the second half of the day, we remained focused on crafting new and revised proposals throughout the day. We have continued to call on Rob Bigler to join us at the bargaining table, to see for himself what is really going on at the bargaining table. To date, Rob has not agreed to attend a session.

To keep the record very clear, we have attached to this set of bargaining reports a list of all currently active, outstanding, and resolved articles, and which team is responsible for providing a response to each. If there is anything that is ever covered in these reports that you want to know more about, don’t hesitate to reach out to a member of the Bargaining Committee.

Tentative Agreements

  • Hours of Work, Schedules & Breaks: We moved language from our latest proposal related to consecutive days off to our new proposal titled “The Weekend,” and removed references to Magic Hour as it is covered in our fringe benefits proposal. After some discussion, the company made their intent clear that they are fine with anyone working 10 hour shifts taking 30 minute lunches if it would affect their departure time. With these concerns addressed we reached agreement on this proposal.
  • Resignations & Terminations: After revising expectations for submitting a resignation, and allowing employees to use their Floating Holidays after doing so, we were able to reach agreement on this subject.
  • Bargaining Unit Work: We clarified situations in which anyone outside of the bargaining unit may perform bargaining unit work. We also removed redundant language, and more clearly addressed our concerns regarding the impact of such situations on work in the AC. The company was agreeable to these changes, and we reached a TA on this article.
  • Open Bargaining Unit Positions: While we were not able to get as much objectivity and consideration of seniority as we hoped, we did ultimately reach agreement that seniority would be the determining factor between equally qualified candidates. Employees will also have off-site access to company job resources, and better standards for actionable feedback in the company’s application process. With these changes both sides agreed to this item.
  • Contracting Out Work: The company agreed to our provisions that no contracted work shall reduce hours of any member of the bargaining unit in any way. With this commitment from the company we felt comfortable agreeing to this proposal.
  • Bulletin Boards: eBay’s team agreed to allow employees to continue to decorate and personalize their work spaces. The company’s concerns have been primarily focused on defining permissible content. We countered with a more specific list of items which we anticipate posting on the bulletin boards. After many passes back and forth, we were able to finally reach a TA on this proposal.

Our Proposals

  • Management Rights: We continue to see management’s proposals on this item as much too far reaching and absolute. We proposed more reasonable and streamlined language that leaves management more than enough ability to run the business as necessary. The company has not yet responded to this proposal.
  • Policies & Procedures: We moved language for rules and regulations from earlier versions of this item into our Management Rights proposal. The company would maintain the right to craft new policies and procedures as long as they do not violate the terms of our contract. These changes must be presented in writing to our Union, and brought before our Joint Labor Management Committee for review. The company has not yet responded to this proposal.
  • Fringe Benefits & Company Perks: Magic Hour, Cake Hang, and Brunch & Brew have all been included here as programs we would like to see solidified in our contract. We also asked that our bargaining unit be included in other perks available to employees elsewhere in the company, such as company picnics, holiday parties, and the TCGplayer XP vendor discount program. We have not received a response from the company since originally proposing this item in October.
  • The Weekend: We’ve introduced a proposal to provide any worker in the AC with two consecutive days off, in the spirit of the historic struggle waged by unions to win the weekend. We have accounted for the effort that could go into such rescheduling, providing a 90-day window after contract ratification to reach compliance with this demand. We are still waiting for a response from eBay’s team.
  • Overtime: In response to the company’s unwillingness to keep mandatory overtime out of their proposal, we made a compromise that we believe balances business needs with respect for the lives of our coworkers outside of work. Our latest proposal allows for mandatory overtime with at least 24 hours notice, on the condition that any such mandatory hours worked are paid out at two (2) times normal hourly rate. We also included allowance for employees to have their mandatory OT shifts covered by coworkers. We are still waiting for a response from eBay’s team.

Management’s Proposals

  • Personal Leave: This proposal is one part of eBay’s counter to our earlier proposal on unpaid leave. They have told us they intend to also provide a proposal specific to FMLA at a later time. This article outlines unpaid leave between 7 and 30 days for employees who have exhausted all other types of leave. Such leave may be denied if employees are on a PIP, have been employed for less than one year, or will significantly impact business operations. Failure to comply with these standards may result in employee termination. Our team requires additional time to compare this with previous proposals and current TCGplayer policy, but will have a response soon.
  • Overtime: The company remains firm in retaining the right to mandate overtime. They did, however, give up on the ability to schedule mandated overtime with less than 24 hours notice. This proposal also lists that PTO, holidays and other types of non-work compensation will not contribute towards the 40 hour threshold for determining overtime. Employees will be held accountable as normal for attendance for a scheduled overtime shift. We responded later in the day with our own counter listed above.

Upcoming Dates

  • 6/13: Bargaining Session
  • 6/14: Bargaining Session
  • 6/23: June Members’ Meeting
  • 6/28: Bargaining Session
  • 7/21: July Members’ Meeting
  • 8/18: August Members’ Meeting
  • 9/15: September Members’ Meeting