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disnehotelcontract
02-13-2004, 02:40 PM
Today I posted this :

If the Contract at the Disneyland Hotel has NOT yet been approved...take a close look at Article 26 Step 1 and 2 of the Grievance Clause....that grievance procedure allows the employees to unilaterally proceed thru greivance to arbitration... this matter is currently the subject of a lawsuit in federal court ninth circuit court of appeals. Since the UNION is toothless and does exactly what Disney wants, employees must stand up for their rights and demand their "UNILATERAL" right given by the existing contract to proceed in grievances (ask 2 out of 3 employees about LOCAL 681's breach of their duty of fair representation and you'll soon see a pattern of non representation of grievances....COMMON PRACTICE) Pass this info on to the voters for this agreement and dont let the disney lawyers and the union lawyers remove the "UNILATERAL" clause from the proposed collective bargaining agreement---guess what ...they will try to SNEAK it our of there ...check em out and check it out PASS THIS ON TO THE workers...they will try to take it out of the contract secretly since it is only ONE OR TWO WORDS ....check it out





The question is...how can this information be distributed in an urgent timely manner to the workers at Disneyland Hotel or any others affected by the upcoming contract. The case is HANCOCK v WDW, H.E.R.E. ---- in the ninth circuit Court of appeals.



The threat remains that the workers will not have a clue that the lawyers removed the “unilateral” clause from ARTICLE 26 to proceed “unilaterally to arbitration” because the body of language is so large and it will not be missed from the CBA.... Can you stave off even more collusion in the bargaining process by Disney and HERE by informing potential CBA voters that this tactic MAY be applied and to check if it (UNILATERAL CLAUSE) has been or is removed... HERE has a fiduciary duty to the workers by federal law and is a breach of their duty of fair representation removing their unilateral right to proceed because they have 1) been sued for 22 Million dollars by us or 2) our lawsuit exposes the unilateral contract for employees and in collusion with Disney the UNION has illegally harvested unknowing third world workers and others denying them already bargained for rights....because as you can clearly see it would be cumbersome having all those poor workers running around with the right to move to arbitration “UNILATERALLY”.... First CHECK IT OUT ...Second: Please respond with ideas on how to distribute the information surgically to the employees ...this is an emergency ...workers are going to get even more ****ed OK



Take Care

Forbin
02-13-2004, 02:50 PM
Is that appropriate to post here?

disnehotelcontract
02-13-2004, 02:55 PM
If you as a food worker dont take democracy into your hands and check out the collective bargaining agreement the Union and Disney are preparing for you you MAY lose some significant rights. Check out Article 26 ...make sure the lawyers Union and Disney DO NOT Remove the UNILATERAL CLAUSE shown below...that means they will take away your right to proceed to arbitration without the Union ...a major employee right...GUESS WHAT they will try to take it OUT of the Contract DONT LET THEM ....PASS THIS INFO ON TO ALL SIGNIFICANT VOTERS ....DONT LET THEM DESTROY EMPLOYEE RIGHTS ...most people would not notice because it's only one phrase in a large textual document ....WATCH OUT....Bring it up at your meetings...advocate that it is left in the contract ...DO NOT APPROVE IT IF THEY LEAVE IT OUT YOUR BEING MANIPULATED Here is the OLD ARticle : Trust me we are suing over this because they have been deceitful ...the lawsuit is for 22 Million dollars in federal Court

Take Care Be Careful ...it's your employee rights they will try to mess with ....

ARTICLE 26

Grievance and Arbitration Procedure

A. Any grievance filed by an employee under this Agreement , with the exception of vacation pay grievance, shall be filed within (15) working days after the alleged violation and any determination through the grievance and arbitration procedure shall not exceed thirty (30) calendar days retroactive computation prior to the violations.

B. Grievance Procedure :

Step 1.

a . Any employee who believes he or she has a specific justifiable request or complaint in regard to wages, hours, conditions of employment or interpretation of this Agreement shall discuss the same with his immediate supervisor with, or without a Union representative being present as the employee may elect, in an attempt to settle the issue.



Any solution or settlement shall be consistent with the terms and provisions of this Agreement. Any issue not raised within fifteen (15) working days after its occurrence, or after the aggrieved became aware or should have become aware of the alleged violation , shall be deemed waived or abandoned. If the issue is not settled within five (5) working days after its presentation to the supervisor, the employee or the union representative may proceed to Step 2 of the grievance Procedure within seven(7) working days .

b. In case of discharge either party may unilaterally waive Step (1) and proceed directly to Step 2



An employee notified of warnings, in writing , shall be expected to sign such notice as acknowledgment of receipt , but such signing shall in no way constitute agreement with the contents of such notice.



Step 2.

a. Upon invocation of Step 2, any complaint not resolved under Step 1 shall be reduced to writing setting forth the alleged violation , date, those involved and location and presented to Human Resources /labor Relations . The employer representative and the Union Business representative shall meet in seven working days to attempt to settle the same. The answer to a grievance shall be reduced to writing and forwarded to the greivant's representative within seven (7) working days after the parties have met.

Andrew
02-13-2004, 02:55 PM
Originally posted by Forbin
Is that appropriate to post here? More than the Lounge or Parks General, anyway...

adriennek
02-13-2004, 03:03 PM
Disnehotelcontract:

I'm going to have to do this in public because you're posting too fast-

Duplicate threads aren't ok here. You have your thread here. As long as you follow our community policies, you may post your posts. But posting duplicate threads on the same topic is not ok. And posting identical threads in multiple forums is not ok, either.

Adrienne

disnehotelcontract
02-13-2004, 03:10 PM
Appreciate your response Adrienne Thank You

JH

disnehotelcontract
02-13-2004, 04:42 PM
If the issue is not settled within five (5) working days after its presentation to the supervisor, the employee or the union representative may proceed to Step 2 of the grievance Procedure within seven(7) working days .

b. In case of discharge either party may unilaterally waive Step (1) and proceed directly to Step 2



DONT LET THEM TAKE IT OUT >>>ASK YOU SUPERVISOR ABOUT THIS