LIUNA response letter to MSD 11-10
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Transcript of LIUNA response letter to MSD 11-10
Laborers
nternational
of North America
AFL-CIO
Local
#576
November 10,20'1.4
Mr. Austin
Vice Chair
-
MSD Board
Louisville
&
Jefferson
County MSD
700 West Liberty
Street
Louisville, KY
40203-1911
Dear Mr. Austin:
our letter dated
November4, 2014,which
mentionsyour
concern for
the
erosion
of public trust in the
services f MSD. I share
hat concern,
o
I am writing
to
clarify
the numerous
errors in your letter. As
you will see n
the Cc list below, I
also am
copying many officials who
guard the public
trust in our city and
our commonwealth.
am attaching a
copy of your
November 4 letter for their
benefit.
First, we must correct
your charge hat clear
threats including directing
MSD
workers to walk
out on strike were
presentedat the Board meeting.
No threat
to direct
a strike was made
at that meeting. The
only mention of a
strike came rom a worker
speaking on behalf of his colleagues
at the Cenhal
MaintenanceFacility. He
never
threatened o strike. He only mentioned
that he and his
coworkers had voted
to strike,
and
he noted that the
vote
preceded
he workers' collected
efforts to get you
to do the
right thing. I am attaching
a copy of that worker's
speech or the benefit
of you and
this letter's readers.
Second,
we are
confused by your commenf
[t]he
biggest sticking
point is
the
arbitration process, which
is followed
by a
reference
o binding
arbitration. The
Union
moved
past
binding arbitration
long ago. Although that
originally was a grave
concern
for us, we
conceded
t
in a good-faith effort
to
reach
compromise
with MSD.
We are
discouraged hat
your
letter demonstrates
uch a
poor grasp of our bargaining
history.
Third, we must correct the way
you characterize he final
contract offer from Local
576.
Youcall
it a proposal. You
even appear o present
a counteroffer when you
detail the
advisory arbitration processyou prefer. Let
us be clear.The contract
anguage
he
Union
gave you
on
October
27,20'1.4,
s its last, best,
and
final
offer.
A last, best,
and final offer
works
just
as the name suggests.
The Union
will not be
making
any more concessions.
It
will not entertain any
new proposals or counteroffers.
This knowledge
should simplify your
Board's task
at its upcoming Special Meeting.
In
order
to craft a formal
response to us, you need only
choose one of two options
-
yes or
no .
The last, best,
and final offer
is not a strong-arm tactic.
It is only an attempt to hold you
to the agreements
MSD made. My last
letter to you recounted our
extended
negotiations on
August 15, which produced
tentative agreements on
the outstanding
contractual
concerns.
Contrary to your November
4 letter, those tentative
agreements
included a
mutually accepted management-ri ghts
clause. On
August 28, the parties
agreed on.minor
adjustments to the
August 15 agreement.
These
sessions nvolved the
work of both
parties' representatives, including
the following: Ellen Hesen, the chief of
staff to
Louisville's mayor; Greg Heitzmann,
the executive director of
MSD; Lynne
Fleming, MSD's HR director;
John
Sheller, MSD's outside counsel;
David Suetholz,
counsel
to Local 576;
the members of the CMF
workers' negotiating committee; officers
from
Local 576; and Louisville
Labor Management Committee
Chair Bill
Meeks.
The
IJnion's last, best,
and final offer is simply a
restatement of the agreement these people
helped us
reach.
Your letter expressed concern
for the productivity and
length of negotiations. Now is
an opportune
time to demonstrate whether
those concerns are genuine. Choosing to
honor
your tentative agreements by
accepting the Union's offer
would end the long
negotiations
and
give your
workers an
employment
arrangement they can
accept.
Going back on
your word and rejecting the Union's
offer would leave
this process
unsettled and
tell a large group of organized, energetic
workers that you do not respect
them.
The right choice is obvious.
For the sake of your institution, your
workers, and
your
city,
please make it.
Sincerely,
fuirfu-
Lawrence
Winburn