Snapshot Summary

Takeaways: We focused on open issues in the AC such as health and safety hazards, emergency response, security cameras, and the lack of tier bumps for Inventory Specialists and Leads. We worked diligently to resolve disagreements, but there is still more to be done on core proposals such as Intent, Payroll Deduction of Dues, and Union Representation. We made significant progress toward an agreement on Ergonomics.
Upcoming Sessions: July 23, August 26–27
Workplace Issues: Emergency Response; Construction/Chemical Notice; Inventory & Lead Promotions; Security Cameras
Tentative Agreements: Intent
Union Proposals: Intent; Union Representation; Payroll Deduction of Dues
TCGplayer Proposals: Intent; Ergonomics

Full Report

On July 22nd, 2024, we had our 22nd bargaining session on the path to our first contract. Our Union’s team consisted of Briana Thomas and Ethan Salerius, as well as staff representative Mike Garry. The company’s team included their legal representative Alan Model, along with Sarah Shepard, Mike Pretty, and Nicole Paluch. We spent a significant portion of our session discussing open issues in the AC. We would like to highlight the Emergency Response and Health and Safety hazards that we discussed across the table.

Over the past few weeks, our coworkers have been exposed to various health and safety hazards in the AC. This has revealed a pattern of unpreparedness and neglect for our safety. We need to demand better from the company.

The company had contractors painting and doing construction in the AC. The company failed to disclose the use of allergens and chemicals during the construction. This directly led to one of our coworkers having an allergic reaction. When this coworker notified their supervisor and made a reasonable request to work in a location where they would no longer be exposed, the supervisor told them they would either need to continue to work at their work station or go home on PTO. This is unacceptable.

We had tornado and flood warnings issued for our area. The company knew about the potential emergency for hours beforehand and did nothing. They knew that the county, the library and schools were sending people home as early as 2:00pm and did nothing. They claimed to be monitoring the situation, but when a warning was issued it took them 20 minutes before allowing us to shelter in place. When there was confusion and panic over the situation, Ray Moore made a post telling generalists to speak with their supervisor for further instructions when there were no supervisors in receiving. The lack of preparedness and decisive action put everyone at risk. This is unacceptable.

Whether we are dealing with an allergic reaction or a tornado, there should be a comprehensive safety plan in place to ensure that all of our coworkers are safe. There shouldn’t be any waiting around for instructions or management discretion. An emergency does not wait for the company to give instructions. It just happens. The company needs to be proactive, prepared and decisive when an emergency hits.

Workplace Issues

Emergency Response: We requested that there be a standardized procedure and action plan for emergency situations. Whether it be a flood, tornado, hail storm or active shooting, we should be prepared and have the ability to act quickly and decisively to ensure the safety of everyone in the AC. We all know what to do in the event of a fire, but as we have found out over the past couple of weeks the company is unprepared to keep us safe under other circumstances. The company's bargaining team told us that they would be working with the global security team to develop plans for various emergency scenarios. They told us that they would share these plans at a future date.
Construction/Chemical Notice: We demanded that the company give advance notice of any chemicals or known allergens being used in the AC. We also demanded that a safety plan be made and implemented for workers who have been exposed to allergens or other chemicals that they are sensitive to. We emphasized the importance of being transparent and letting people know what their options are when they are exposed or experience a reaction to such substances.
Inventory & Lead Promotions: There have been no tier bumps for Leads or Inventory Specialists since we won our election in March of 2023. When we asked for an explanation for this, the company told us that the procedure for such promotions in the past was “not objective” and so, according to them, they could no longer provide them. This is false. They cannot unilaterally decide to stop giving tier bumps unless they bargain over that change. They also claimed that they had a more objective system for awarding tier bumps in the works, but they have failed to present this at the bargaining table. As a result of the company failing to address this issue proactively and in good faith, many of our coworkers have been denied pay increases sorely needed for themselves and their families for the past year and half.
Security Cameras: We followed-up on the security cameras that appear to be pointing at the men’s and gender neutral bathroom on the third floor. Sarah looked at footage from the cameras and claims that they only record a portion of the doors. We have requested to see a screenshot of the footage.

Tentative Agreements

Intent: The company passed a counter in the morning which still included the zipper clause which would limit our ability to bargain over changes to the terms and conditions of our employment, but made a small concession by removing a reference to the “customer” as they are not a party in this agreement.
We presented a counter later in the day, removing the zipper clause portion. The company was amenable to our language, though they expressed their intention of making a standalone proposal to reintroduce the zipper clause elsewhere.

Our Proposals

Union Representation: After discussing the previous proposal from management, we decided to make a compromise by putting a limit on the amount of stewards we can appoint. We believe that we should be able to appoint as many stewards as we like, but in the interest of reaching an agreement we put a limit at 15% of the bargaining unit. We also reduced the number of bargaining committee members we are asking the company to excuse from work with pay for bargaining in the next round of negotiations from four to three.
Payroll Deduction of Dues: We are close to an agreement on this article. The company would like to include language about “Financial Core,” also known as agency fee payer status or non-member dues. We think that it is unnecessary to include in the contract as CWA informs all bargaining unit members of “Financial Core” on its union authorization cards and yearly by letter as required by law.

Management’s Proposals

Ergonomics: While the company’s counterproposal is not as comprehensive as our original, we were happy to find that the company made meaningful concessions. Our main objection to their counter is that it minimizes the involvement of our Union in the continuous improvement of ergonomics in the AC.

Upcoming Dates

7/23: Bargaining Session
8/18: August Members’ Meeting
8/26: Bargaining Session
8/27: Bargaining Session
9/2: Labor Day Parade at the NYS Fair
9/15: September Members’ Meeting