Subject: Union Authorization Cards – The Facts
February 1, 2024
Hi team,
I want to take this opportunity to reiterate our commitment to each of you.
It is important to me to help ensure you are informed when it comes to decisions or actions that you may be asked to take. Over the next several days, I’ll provide some essential information about unions, how they work and what it might mean for you, our company and our culture. I encourage you to consider all aspects of the issue before making any decisions or signing a union card. Please don’t give away your signature without fully understanding what these cards really do.
Here are some key facts to consider…
Union Cards- These cards (they can be virtual) are legal documents that expressly give the union authorization to represent anyone who signs one. They are not simple requests for information or an expression of interest in checking a union out. While you have the legal right to sign or not sign, signing a card can start a series of events that you may or may not intend, or even like:
- If enough associates sign cards, the union can seek to become the exclusive representative of all associates – even those who did not sign cards or support the union.
- The union can seek to use these cards to demand an election, or even to demand that the company recognize the union without even holding an election.
- Unions often make a lot of promises in order to obtain your signature– but cannot guarantee anything. Any changes the union might want would be subject to bargaining. The company would work hard to protect the long-term interests of the company and its associates. In bargaining, our associates could come out better, remain the same or even end up worse than they have now.
- If the union does not obtain enough signed cards, the company and associates can continue to work together and seek solutions to issues without union involvement. Certainly, that is our preference and we encourage all of you to continue to work with us to that end.
I would like to encourage an open dialogue with you. In the coming days, I will be sharing more on how union elections work and the risks associated with union bargaining. Please feel free to reach out to me with any questions or additional topics you would like me to cover. If I don’t have the answer, I will do my best to get it for you.
Thanks, Maria Lopez
Vice President, Human Resources
Subject: Union Elections – The Facts
February 2, 2024
Dear Sales team,
As I committed on Tuesday, I will continue to provide information about unions, how they work, and the importance of what that might mean for you, our company and our culture. if you haven’t had a chance to review the information I shared on union cards, what they are, and what they empower a union to do, please take the time to consider all sides of the issue before making any decisions about signing a union card.
Should a union election be required, the election is held by the National Labor Relations Board and has a significant impact.
Here’s how it works:
- The outcome of the election is decided by a majority of those who vote. For example, if we have 70 Sessions but only 20 of them voted, the outcome would be decided by 11 votes (majority of the 20 votes). The vote of only 11 would be binding for all 70.
- If the union wins the election, the union would become the exclusive representative of ALL SEs (even those who votes “NO” or abstained from voting). Individual SEs or groups of SEs would not be able to work directly with the company to negotiate terms and conditions of their employment. The union would speak for all.
- Union elections are secret ballot elections. No one will know how anyone votes. If an election is held, it could be a live election at designated locations, or it could be a mail-ballot election. Ballots would be sent to your home and returned to the NLRB.
- Once a union is installed, removing a union is hard, and the company is not allowed to help. Associates cannot try to vote a union out for a minimum of one year (and up to three years if a union contract is obtained.)
As I said yesterday, let’s keep an open dialogue. In my next note, I will share more information on how union elections work, including the risks associated with union bargaining.
Please continue to feel free to reach out to me with any questions or additional topics you would like me to cover. If I don’t have the answer, I will do my best to get it for you.
Thanks, Maria Lopez
Vice President, Human Resources
Subject: Collective Bargaining – Complexities and Process
February 6, 2024
Since I sent my first two messages about unions, I’ve heard from several of you. Thank you. I appreciate your feedback and openness and promise you the same in return. Please continue to suggest additional topics or questions. If I don’t have the answer, I will do my best to get the answer.
In my last email, I talked about how union elections work. Now, I thought it would be helpful to discuss how the bargaining process works. As I have stressed before, please consider all the facts before making anydecisions about supporting a union or signing a union card.
If a union wins an election (even by one vote), they become the exclusive representative of all associates. All they really win is the right to engage in bargaining with the company – nothing more.
- Collective bargaining is a complex process that can go on for weeks, months, or even years. The average time it takes to reach a first contract is 465 days.
- The entire time that bargaining is occurring, the existing pay, benefits and terms and conditions of employment must remain the same “status quo”unless planned changes are already in progress, or unless the company and union agree otherwise. This means the company cannot, onits own, make any changes (positive or otherwise) to the compensation and benefits plans it has put into place as long as bargaining is going on.
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Everything associates have now (pay, benefits and other terms and conditions of employment) is subject to negotiation.
In the end, you could end up with more, less or about the same as you have now. There are no guarantees.
The company and the union are not required to agree to anything they don’t like. The only requirement is that theunion and the company must bargain in good faith.
- Typically, Union officials, not associates, do the talking. The union’s representative may or may not be a good negotiator and sometimes unions have agendas that don’t totally match up with what most associates really want.
- Companies normally bargain for and often obtain a broad management rights provision in the union contract that may give the company the authority to operate the business, reorganize departments, conduct layoffs or make other operational decisions as the company sees fit – without union approval.
Thank you to all that have engaged and let’s keep the dialogue going. In my next note, I will share more information on how unions and union contracts work.
Best regards,
Maria Lopez, Vice President, Human Resources
Subject: Union Contracts – The Facts
February 7, 2024
Hi Everyone,
I hope everyone is having a nice week. As committed, I’ll continue to send information to help ensure you have the facts. It’s really important you’re well-informed about what bringing in a union might mean for you.
In my last email, I discussed the union bargaining process. Today, I’ll share information on how union contracts work. I continue to ask, please carefully consider all the facts before making any decisions about supporting a union or signing a union card.
Union Contracts – After what could be a lengthy give-and-take good faith bargaining process (remember the average time for a first contract is 465 days), a contract may be reached. If not, the union could decide to continue bargaining, walk away, or even could be voted out by associates.
If a contract is reached:
- It could lock in pay, benefits, and conditions of employment for anywhere from 1-5 years (3-4 years is typical).
- All SEs would be bound by the contract – even if they don’t like it or voted against it.
- Dues:
- The union would seek to require or strongly encourage associates to pay monthly union dues or fees, usually by direct paycheck deduction.
- In many states, the union contract can require this as a condition of continued employment.
- Monthly union dues usually range from 1.5 to 3 times the average hourly pay.
- Unions often charge substantial initiation fees for new members.
- The company and the associates would be bound by the terms of the union contract and do not normally have the discretion and flexibility to make exceptions to those terms.
- The “one size fits all” provisions of many union contracts sometimes have the result of encouraging and protecting poor performance while disincentivizing individual growth and achievement.
- If associates end up deciding they do not want the union, they must wait until toward the end of the union contract, or three years (whichever is first) to try to remove the union through a “decertification” election (basically the reverse of a union certification election). The company is not allowed to assist in this process and unions usually fight hard to stay.
I’ll continue to send out information, but please feel free to reach out to me with any questions. If I don’t have the answer, I will do my best to get it for you.
Best regards,
Maria Lopez
Vice President, Human Resources
Subject: Three Important FAQs About Unions and Union Cards
February 16, 2024
Hi team,
Last Friday, Ondrej outlined and confirmed our path forward. This included our Commercial Strategy and the launch of our Commercial Transformation team. There were also specific actions outlined in support of our commitment to our 2024 Compensation Plan, your Q1 earnings payouts and how we’ll make one-time adjustments in Q1 (if and as required), as well as an additional one-time first-half 2024 Incentive Bonus (if eligible and meets requirements).
Additionally, I am happy to share we just launched a comprehensive and easy-to-use reference website to help you make an informed decision: VideojetSuccessUSA. Here you can find a hub of great resources, tools, and previously shared messages. I will also continue to be available to answer questions.
I continue to receive questions from many of you about how this union organizing effort could impact you. To be clear, the leadership team firmly believes that unions are not necessary for our associates and work in opposition to our core value that we deliver results as one team. I urge you to explore the facts on your own and give our Videojet 2.0 strategy a chance to work; I am confident that together we will make it work – operating as one team, engaging in transparent discussions, and making any needed adjustments as we learn over time. That’s always been our plan and the goal.
This time, I thought an FAQ format would better address some of the questions we are receiving about unions.
Q. Should I sign (or click submit) a union card just so we can vote on this?
A. You have the right to sign a card or not sign a card. But, if you do not want a union, signing or clicking submit on a card can be risky because:
- The card expressly gives the union your authorization to represent you – possibly without a vote.
- You are giving the union a lot of your personal information.
- The card can be used by the union to demand representation without an election (if enough sign/click).
- If an election were to be held, the outcome for all SEs would be decided only by those who actually vote. In that case, those favoring the union might be most likely to vote while others might not be as motivated. Regardless, the outcome would bind everyone – even those who voted against the union or did not vote. So, elections don’t always indicate the true preference of the majority of all employees in the bargaining unit – just those who end up voting. Sometimes, election outcomes are determined by a one-vote margin, yet everyone is impacted.
Q. If a union were to come in, would our new compensation plan be postponed until the union tries to negotiate something else?
A. No. In fact, the opposite would occur. Since the new plan is already in already in effect, it would remain in full force and effect while negotiations occur. The company could not, on its own, make adjustments to the plan. First time contract negotiations can take a long time. The average is over a year and, since contracts require agreement by both sides, sometimes contracts are never reached. So, the current plan could be stuck in status quo for quite a while. And, if a contract were to ultimately be negotiated, there are no guarantees as to what the contract might contain. Your pay and benefits could be better, about the same, or even less than you have now. The union cannot “force” the company to agree to anything that the company does not believe is best for the company and you.
Q. If I signed a union card but have decided I don’t want to be in a union, can I get it back?
A. If you signed a union card and then change your mind, you have the absolute right to request the card be returned. If you signed something electronically, you can request that your electronic consent be revoked. You can do this by contacting the union directly and requesting the union to cancel your card or consent. If the union ignores your request or refuses, you may contact the National Labor Relations Board District Office near you. A directory of those offices can be obtained at this web address. https://www.nlrb.gov/about-nlrb/who-we-are/regional-offices
As always, if you have further questions, please do reach out to me. You have my commitment that if I don’t have the answer, I will do my best to get it for you and share them here in an open dialogue for the benefit of all.
Finally, as I’ve shared before, I humbly ask that you don’t give away your signature without fully understanding what union cards really do. If you have already signed a card, please consider acting on the steps above to have the card returned or have your electronic consent revoked.
Thanks,
Maria Lopez
Vice President, Human Resources
Subject: Understanding Union Cards
February 28, 2024
Hi Everyone,
Since my last update, I have continued to get feedback and questions about union cards, what they entail, and what to do if you change your mind and want them back.
As you know, Union Cards can be both physical cards and virtual cards that serve as a legal document that expressly gives the union authorization to represent anyone who signs one. They are not simple requests for information or an expression of interest in better understanding unions. If you would like to learn more about union cards, there is an informative video all about them right when you open the VideojetSuccessUSA.com website.
While you have the legal right to sign or not sign, signing a card can start a series of events that you may or may not intend, or even like.
Our preference is to continue to work together, seeking solutions to issues without union involvement. I encourage all of you to continue to work with us to that end.
It is important that you don’t give away your signature without fully understanding what union cards really do. If you signed a union card and then changed your mind, you have the absolute right to request the card be returned.
If you signed something electronically, you can request that your electronic consent be revoked. You can do this by contacting the union directly and requesting the union to cancel your card or consent. If the union ignores your request or refuses, you may contact the National Labor Relations Board Office near you. A directory of those offices can be obtained at this web address: https://www.nlrb.gov/about-nlrb/who-we-are/regional-offices
Please continue to feel free to reach out to me with any questions or additional topics you would like me to cover.
Thanks,
Maria Lopez
Vice President, Human Resources