Snapshot Summary

Takeaways: We bundled a number of pending proposals together in an attempt to make strong progress at this session, but the company rejected this package. Despite this, we still reached two new TA’s.
Upcoming Sessions: August 27, September 9, September 30, October 1
Tentative Agreements: Use of Slack; Seniority
Union Proposals: Payroll Deduction of Dues & Fees; Union Representation & Stewards; Rules, Policies & Procedures; Management Rights
TCGplayer Proposals: Use of Slack; Layoff & Recall; Seniority; Consecutive Scheduled Days Off; Payroll Deduction of Dues & Fees; Union Representation & Stewards

Full Report

On August 26th, 2024, we had our 24th bargaining session on the path to our first contract. Our Union’s team consisted of Briana Thomas, Ethan Salerius, Robert Guy, and CWA staff representative Mike Garry. eBay’s team consisted of Alan Model, Sarah Shepard, Donna Gibbons, and Mike Pretty.

We started this session with a package proposal including changes to several open non-economic items in an attempt to find compromise for strong forward progress. Management Rights was the most contentious item included in our package, and despite significant movement on this and other items, eBay’s team was not satisfied and rejected the package outright. We remain committed to finding reasonable areas of compromise without forfeiting key protections from unilateral change.

Despite this, we were able to inch forward in other areas, reaching tentative agreements on Use of Slack and Seniority, the latter of which has been outstanding since October 2023. We also made a request for a benefits specialist to join an upcoming session to discuss benefits plans in greater detail before finalizing our initial proposal. Management denied this request, opting to forward plan booklets rather than provide an opportunity for quality discussion on the medical benefits which are vital for many of our coworkers.

Tentative Agreements

Use of Slack: The company’s latest proposal agreed to most of the language from our previous version with some clarifying changes. With these slight modifications, we were able to reach a tentative agreement on this article.
Seniority: Management accounted for revisions from prior conversations on this topic, such as: removal of explicitly defined applications of seniority in favor of specifying such applications within other relevant articles; clearly outlined circumstances for the loss of seniority status; and additional details related to communication between the company and our Local regarding seniority lists. With these changes, we were able to reach agreement on this item.

Our Proposals

Our package today covered many pending proposals: revised language on four items (Payroll Deductions of Dues & Fees; Union Representation & Stewards; Rules, Policies & Procedures; Management Rights), previous versions of five items (Grievance Procedure from 9/8; Union Membership from 6/14; Seniority from 7/23; Layoff & Recall from 7/23; No Strike/No Lockout from 11/16), and withdrawal of two items (Time Off for Negotiations and Successorship). The four revised items are detailed below.

Payroll Deduction of Dues & Fees: We added language that addresses some of management’s outstanding concerns regarding dues calculations and liability. We clarified that dues are calculated based on hours scheduled, and added a clause that explicitly relieves the company from legal responsibility for any delinquency or non-payment of dues by union members. Management provided a standalone response to this item later in the day.
Union Representation & Stewards: We added a limit to the number of stewards and itemized a list of their responsibilities. The limit we set leaves us confident in our ability to dutifully carry out Union business, while addressing fears from the company that an overabundance of stewards might lead to workflow concerns. We outlined the role of stewards beyond investigatory meetings to allow workers to request representation at any meeting with a representative of the company. While we agreed to the company’s limit of three employees for future bargaining committees, we believe that the company should compensate them for their time spent in negotiations. Finally, we agreed that stewards must get supervisor approval to step away for Union business so long as such requests are not unreasonably denied. Management provided a standalone response to this item later in the day.
Rules, Policies & Procedures: Our proposal would ensure that we preserve our right to bargain the effects of changes to our working conditions. As a compromise with management’s concerns on this item, we added language which guarantees the company sole discretion over implementation and enforcement of many of its core business functions.
Management Rights: While we have consistently found the broad enumeration of rights in management’s proposals to be largely problematic, we made an effort to find middle ground by including the majority of the list of exclusive management rights outlined in their earlier proposals. The items we excluded relate to subjects which we already have or intend to address in the course of negotiations. We also included clarifying language to explicitly acknowledge the company’s right to determine how and when to exercise the rights outlined to run the business as they see fit.

Management’s Proposals

Layoff & Recall: The company’s latest proposal further specifies the purpose and scope of meetings with our Union about proposed layoffs, underlining that these will not delay any such layoff, and will be limited to bargaining the effects of such an event. They continue to insist that factors beyond seniority be used to make determinations for recall. As the company lacks adequate tools and procedures to make reliable and trustworthy determinations of performance, we remain committed to seniority as the only fair means by which layoffs and recalls can be handled.
Consecutive Scheduled Days Off: This latest version leaves broad exemptions for business needs that we worry may be used to perpetuate unfavorable scheduling, undermining the spirit of our original goal to guarantee consecutive “weekend” days for all AC workers who so desire. We plan to respond to this proposal with appropriate compromises to balance improved scheduling for workers with the ability of management to ensure business priorities are met satisfactorily.
Payroll Deduction of Dues & Fees: The company restated their preference for including “Financial Core” language related to agency fee payer options, but removed their section which would have gone outside of New York State law requiring that all members of a bargaining unit either join as a dues paying member or choose to pay agency fees as a non-member.
Union Representation & Stewards: In response to our language from earlier in the day as part of our package proposal, management refused to consider representation in any meetings beyond investigations, as well as paid time for the responsible execution of Union business. While discussing this proposal, however, eBay’s team did assure us that work related to grievance procedures and committee meetings would in fact be paid.

Upcoming Dates

8/27: Bargaining Session
9/2: Labor Day Parade at the NYS Fair
9/9: Bargaining Session
9/15: September Members’ Meeting
9/30: Bargaining Session
10/1: Bargaining session