Arkansas CNP Employees for Unionization

I would like to discuss an instance where the union, Gas Workers Local 340 in Minneapolis, arbitrated on behalf of an employee and saved his job. The arbitration is in reference to an employee named Jeffrey W. Jacobs, and took place on July 10, 2006. Centerpoint Energy and the employee agreed upon a LCA (last chance agreement) on January 4, 2005. The company argued the employee violated the terms of the agreement and chose to terminate him. The major issue of the arbitration was if the company had the right to terminate the employee, and if not, what will be the remedy?

There are a number of stipulations in the agreement. The document is hyperlinked in the references below and you can read the entire document at that site. I want to hit a few key points discussed in the arbitration and discuss what I really believed was going on. If you read the document, and would like to share your views, you are invited to comment.

One stipulation of the agreement was that the employee must perform his work in a satisfactory manner and must meet standards (i.e. 3.0 or higher) on an overall basis each MONTH on the following Home Service Plus performance and productivity measures. The company argued that the employee did not meet this agreement and should be terminated. The employee did in fact meet all standards from January through August, but failed to meet the standard in September with a score of 2.75. How many months did the employee meet the standard? Count them: 8 MONTHS. So for eight months this employee met the standard and was going to be fired for falling just below 3.0 in one month. The union argued the company was waiting in ambush for the employee to fall below the standard. They in fact did not terminate the employee until after September, which by the way was a month he exceeded the standard. The rule was in favor of the employee on this matter.

Another argument for the company was the employee did not have a valid driver’s license while operating a company vehicle. The employee agreed this had happened, but informed them he had moved and did not receive notice off his expired license. Once he noticed the expiration he immediately renewed them. The Union argued the employee may have violated a more general work rule, but did not violate the terms of the LCA. In fact, the LCA only defined terms regarding safety and other work regulations. There was no mention of driver’s license. In fact, the laws of Minnesota aren’t anywhere near this harsh. If the employee had happened to be pulled over by authorities, they may have given him a ticket and let him drive anyway. This rule was also in favor of the employee. It was noted the punishment was draconian in nature and too harsh.

The third violation in question was the employee did not meet the agreement on percent of first call completions. The union argued the percent of first call completions was affected by the lack of parts needed to make those completions. The employee even notified his supervisor of the issue, and she acknowledged it. This rule was also in favor of the employee.

Jeffrey Jacobs did not receive back pay for the missed work days, but he was fully reinstated to his job.

Now, I want you to put yourself in Mr. Jacob’s shoes. Keep in mind he has worked for Centerpoint Energy for 27 years. What do you think would have happened to him if he did not have Union representation? Would he still have a job? Personally, I think they wanted him gone before it was time to retire. Tell me if there is truth in this next sentence. IF YOU HAVE WORKED HERE FOR MORE THAN 5 YEARS THIS IS PROBABLY WHERE YOU PLAN ON STAYING UNTIL RETIREMENT. Folks, we are all going to be in this boat one day. Even if you are younger try to look at what waits for you in the future. Talk to those who have been around for a while. They are full of wisdom and have seen how things have changed over the years. We will be much better off if we join together rather than move forward as individuals. These cards are going out soon. When you receive it think about what it means for future. It is your ticket to security and an improved quality of life.

I want to welcome our fellow employees, from the Southern and Central Districts, in our journey toward a better life. Do not be mistaken, we are making the right decision regardless of the management’s opinion. If we stand together, as a state, we will have more control over our future. I ask each and every one of you to share, on this site, what is said in those meetings coming up in the next few weeks. It is vital we keep an open line of communication between the districts. Even if we get enough cards in the fight is still not over. We must remain vigilant and continue motivating and educating each other on the benefits of unionization. You can expect a strong response from Centerpoint but do not stumble. At the end lies a better quality of life for each of us. Remember, if you need cards for your town or district, email me at voteunion01@hotmail.com. I know some of you do not feel comfortable emailing so I will soon post the numbers and email to union organizers. You can contact them directly. Your information will never be known to anyone at Centerpoint Energy.

DECISION AND AWARD OF ARBITRATOR
FMCS CASE # 060202-53349-7

JEFFREY W. JACOBS
ARBITRATOR
July 10, 2006

http://www.bms.state.mn.us/documents/awards/Centerpointe%20energy%20and%20340.pdf