Bargaining Update #21 – 6/28/2024

Snapshot Summary

  • Takeaways: Lots of discussion, but no new TAs. Gender Equity was revisited, but the company continues to avoid making a commitment to substantial elements of our proposal.
  • Upcoming Sessions: July 22–23, August 26–27
  • Union Proposals: Union Representation; Rules, Policies & Procedures; Family Medical Leave Act (FMLA); Intent
  • TCGplayer Proposals: Intent; Payroll Deduction of Dues & Fees; Gender Equity & Inclusivity; Union Representation 

Full Report

June 28th, 2024, marked our 21st bargaining session on the path to our first contract. Our Union’s team consisted of Robert Guy, Briana Thomas, and Ethan Salerius, as well as CWA staff representative Mike Garry and Chris Ryan, CWA Local 1123 President.

We discussed several pending proposals, including some of our earliest from the beginning of the bargaining process. While both sides discussed our positions on these items, we remain far apart on a number of them. In many cases, management expects us to forgo hallmark measures of union contracts such as just cause discipline, forfeit our rights to bargain over certain subjects, or restrict our legal rights to collective action. The company continues to be largely unwilling to seek compromise on these items, and is resistant to meaningful improvements or collaborative elements compared to current practices.

eBay again failed to provide an acceptable counter to our Gender Equity proposal. Even after extensive discussion over multiple sessions, highlighting real examples where our proposal would have created a more equitable work environment, management completely fails to understand the difference between inclusivity and equity. Inclusivity alone is a friendly face telling someone they’re welcome to apply; equity is everything which comes afterwards to ensure someone can thrive. Without equity, that friendly face belies a reality that women and transgender workers have fewer opportunities, face greater challenges, and are expected to simply deal with it or leave. Our friends and coworkers deserve better.

Despite continued delays to the bargaining process, we remain hard at work to push this process forward not only at the bargaining table but also through our ongoing mobilizations. We can’t emphasize enough that we share credit for all of the progress we’ve made thus far with everyone who has shown up for recent pickets, attended meetings, and visibly displayed solidarity on the floor. As we face the power that eBay wields against us, we know it’s our strength and unity in numbers that will ultimately be responsible for winning the contract we deserve.

Our Proposals

  • Union Representation: The role of stewards is a key to the continued success of our contract and providing AC workers the representation necessary to address any issue which comes our way. Our proposal removes the limit on the number of stewards the company had proposed. We also added language that would guarantee each employee the right to representation in any meeting with leadership, should they so choose. We reiterated that our coworkers have been vocal in asking for representation in such circumstances, though the company indicated this was not something they were interested in having in the contract. The company provided a response later in the day.
  • Rules, Policies & Procedures: To avoid the persistent zipper clause that would give the company exclusive rights over everything outside of this agreement, we added language that explicitly states our Union is not waiving the right to bargain over any mandatory subjects. This remains a point of division between our teams, despite assurances that we would only seek to bargain where such effects would negatively impact workers.
  • Family and Medical Leave Act (FMLA): While employers have very little legal flexibility in how they implement FMLA, the law does allow for discretion over how FMLA and PTO can be used in conjunction. Our proposal would ensure that our coworkers could make their own determination on how and when to use PTO in relation to FMLA leave, without the company making these decisions on their behalf. The company did not respond at this session.
  • Intent: After reviewing eBay’s proposal from earlier in the day, we kept language that committed both sides to safe, efficient and economical operations in the AC. We removed language on items that are the direct responsibility of the company and its management. Additionally, eBay’s team continued to press us for a clause that would give them exclusive rights to everything outside the contract. We worry about the opportunities for abuse throughout the duration of the contract.

Management’s Proposals

  • Intent: This item defines the relationship between the company and our Union, as well as the overall intent of our contract. The company’s proposal includes a shared responsibility to customers, which we see as an exclusive responsibility of the company. This version also contained a zipper clause, similar to a number of other proposals from the company, which we find excessively restrictive on our rights to bargain over issues which affect us. We reviewed this proposal in our afternoon caucus and provided a counter in the second half of the session.
  • Payroll Deductions of Dues & Fees: Based on a conversation we had at the previous session, the company revised its proposal to largely bring it in line with CWA’s dues collection structure. The company has requested some additional information and documentation on this subject, but we are otherwise close to an agreement.
  • Gender Equity & Inclusivity: We once again find the company’s response to fall significantly short of the commitment we are seeking. While they reintroduced the word “equity” to the title of their proposal, it continues to focus on a more superficial understanding of inclusivity instead of more substantial and material measures of equity. Many of the items included in their proposal are already provided by the company or required by law, indicating that they have no intention of doing better than what they do currently.
  • Union Representation: Following discussion of our proposal earlier in the day, the company disappointed us with a counter which again included a hard cap on the number of stewards, and also restricted employees rights to representation to only where required by law. They did, at least, allow for elected Union officers to stand in for shop stewards in an emergent situation. This falls far short of a reasonable provision for stewards.

Upcoming Dates

  • 7/21: July Members’ Meeting
  • 7/22: Bargaining Session
  • 7/23: Bargaining Session
  • 8/18: August Members’ Meeting
  • 8/26: Bargaining Session
  • 8/27: Bargaining Session
  • 9/15: September Members’ Meeting