EMS

Teamsters Local 763 Report—AMR Bargaining Units

This report is to keep Teamster members at American Medical Response up to date on the latest issues and grievances in their workplace. If you have questions or comments, please call Business Agent Liz Brown at 206-441-0763.

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Audit of dependents covered by AMR Health plans underway

AMR is conducting an audit of the dependents (spouse, children) whom employees have enrolled in its health insurance plans. Both EMT and Com Center employees with dependents on the plan should have received an initial outreach letter about this process, which requires employees with enrolled dependents to respond by AUGUST 31 or risk losing coverage for dependents. AMR has planned multiple reminders to employees, but the wisest response is to fill out the survey and return it as soon as possible. Teamsters 763 will do what we can to assist in reminding employees to complete this important paperwork.

AMR Com Center Bargaining Unit

The big story here is contract negotiations, which are in full swing after three sessions on May 17, 18 and 19. The contract covering 30 people in Dispatch expires July 31. The bargaining team includes Shop Stewards Sean Bacon and Gene Pratt. More dates are scheduled in June and July.

There has been one grievance in the Com Center since Feb. 1, when the new business agent came on board. The grievance was resolved satisfactorily on behalf of an employee who missed part of a shift because of a death in the family.

AMR EMT Bargaining Unit

The EMT bargaining unit is a big one, and not surprisingly it generates the bulk of grievances and other issues.

Scheduling has been the big complaint, and the implementation of the online scheduling system is raising concerns because using it requires reliable internet access. Employees who lack internet access at home—and there are some—must use the system at work. That’s not problem free either. Employees at the Federal Way station, for example, say internet service in their location has been down for days on end. We are in the process of scheduling a Labor-Management Committee meeting to address this issue.

The Union is still laboriously rebuilding our e-mail list for the EMTs. If you are reading this on a bulletin board and didn’t receive it by e-mail, it means you’re not on the AMR EMT e-mail list! Please call Liz Brown at 206-441-0763 or send an e-mail to liz.brown@teamsters763.org to get on the list.

Here are all the grievances filed in the EMT unit since Feb. 1 (numbers missing from the sequence were filed at other workplaces):

10-001, filed Feb. 4, 2010, resolved March 11, 2010.

On behalf of the entire EMT bargaining unit, challenging the employer’s refusal to pay wage increases to employees moving to new steps on the contractual wage scale.

↑Resolution: Employer agreed to pay the increases to more than 40 employees with employment anniversary dates between Jan. 1 and June 30, 2010.

10-005, filed March 10, withdrawn April 30.

Employees were denied a lift assist.

↓Resolution: Employer denied the grievance because the patient did not weigh more than 300 pounds, as stated in the contract.

10-006, filed March 19, resolved March 30.

On behalf of the entire bargaining unit, challenging the way AMR was assigning penalty points in the new attendance policy in the contract.

↑Resolution: Employer agreed it was assigning too many penalty points in error; warnings were revised or in some cases removed from employees’ files. Under the attendance system, consecutive days of illness count as one absence.

10-007, filed March 26.

The grievant alleged she was denied certain shifts in violation of the contract and seniority standing.

↓Resolution: Denied by employer, still open.

10-008, filed March 29, 2010, resolved April 12.

Employee grieved a disciplinary warning because she received it more than 20 days after the incident.

↑Resolution: Employer removed the warning from the employee’s personnel file.

10-009, filed April 14, 2010, withdrawn May 25.

Employee grieved for not receiving four paid shifts for bereavement leave.

↓Resolution: Union withdrew the grievance after AMR presented evidence showing past practice is to pay for four consecutive days, not four consecutive shifts of bereavement leave.

10-010, filed April 16, 2010, resolved May 14.

Full-time employee grieved after he was denied a special-event shift that went to a part-time employee with less seniority.

↑Resolution: Employer paid the grievant for the shift.

10-012, 10-013 and 10-015, filed various dates in May.

Employees grieved after they were not paid the $300 quarterly bonus for perfect attendance.

Resolution: Unresolved.

10-016, filed May 19.

A shop steward grieves as a measure of contract enforcement, alleging that AMR has filled a vacant shift improperly by not posting it for bid.

Resolution: Unresolved.

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Victory on Absenteeism Grievance Results in Review of Warnings

April 5, 2010 Memorandum from Liz Brown

The Union has resolved a grievance challenging the way American Medical Response has applied the absenteeism policy. If you received a warning, maybe you didn’t deserve it.

Since February, more than 35 EMTs had received verbal warnings under the new attendance policy in the contract, with a handful of people progressing to written warnings. Teamsters 763 filed a grievance March 19 because members questioned whether the company was implementing the policy incorrectly by counting each consecutive day of illness without sick leave as a separate absence. AMR gave employees three penalty points per day of absence.

In response, AMR says it did apply the language incorrectly. Consecutive days of illness should be counted as only one absence. In the case of the employee who filed the grievance, he was sick two days in a row without sick leave. AMR gave him six penalty points, but he should have received only three. Four points triggers formal discipline. His warning now will be rescinded.

In the response letter, AMR says it “will review the attendance of those that may have had discipline letters issued because absences without sick leave were counted as individual days and remove those letters when necessary.” If you received a warning, please follow up with your supervisor. And remember, absences covered by the Family and Medical Leave Act cannot count against employees under any absenteeism policy.

Attendance Bonuses: With the end of the first quarter, people with perfect attendance will begin receiving the $300 bonus. The contract defines perfect attendance as “present without tardiness for all scheduled and assigned shifts.”

American Medical Response agreed to pay wage increases to employees who should have or will move up a step on the wage scale between January and the end of June, 2010. The resolution was agreed to in a Step 2 grievance meeting held Thursday, March 11 at AMR’s Tukwila office.

Employees whose anniversary dates have already passed will receive retro pay to the date in question, said Rod Chandler, General Manager for AMR Seattle. If you want to check whether you are on the list of people who will receive an increase, please call Liz Brown, Business Agent with Teamsters Local 763, at (206) 441-0763.

Chandler said retro raises for employees will be processed immediately. The raises affect employees who will move to a new range step on the pay scale on their employment anniversary date. Each range on the wage scale lasts two years, so employees move to a new step every other year.

Representing the Union in the grievance meeting were Shop Stewards Dave Bennett, Jon Brennan, Duane Tews and Brown. Representing AMR in the meeting were Chandler, Operations Manager Kaylee Garrett, Administrative Supervisor Marc Mauer and Tanya Salvino, Manager of Human Resources.

American Medical Response has decided to delay paying step increases to dozens of employees with recent employment anniversary dates.

The company has decided to delay payment because the Union moved a grievance over the dispute to Step 2 of the process. A meeting between shop stewards of Teamsters 763 and AMR representatives is scheduled for Monday, March 8.

The Union requested to move the grievance to Step 2 because of confusion over whether everyone has received the increases they should have.

"It makes sense to sit down and meet over this issues, becuase there is comfusion over how AMR is interpreting the wage language in the new contract," said Liz Brown, business agent for Teamsters 763. "We want to make sure that employees get the increases they're supposed to receive."

On Feb. 9, Local 763 filed a grievance on behalf of all affected employees in the bargaining unit, primarly those employees who did not receive wage increases when entering a higher pay range on the anniversary date of their employment with AMR. On Monday, Feb. 15, AMR responded by letter and said it would pay the wage increases.

If you have a queston, please contact Business Agent Liz Brown at Teamsters Local 763 at 206-441-0763 or at liz.brown@teamsters763.org.

The raises affect employees who advanced or will advance to a new range on the pay scale as of their anniversary dates. AMR says it will pay retro increases immediately to employees whose anniversary dates fell between January 2 and February 16.

On December 1, 2009, the Company and the Union met in a Labor Management Committee Meeting to discuss issues of mutual interest such as; work place safety, uniforms, scheduling and other Employer and Union concerns. Below are notes from the meeting.

As outlined in the Collective Bargaining Agreement under Article 20 “Uniform Provisions” the committee discussed the new vest. We reviewed the option and the vest will be ordered.

AMR brought up a need to place an emphasis on the employer grooming and uniform standard as well as Ambulance cleanliness inside and out.

We had a discussion about mandatory overtime. The Union provided some proposals to the Employer in an effort to reduce the amount of mandatory overtime. The Employer will take the proposal and review it to see if it is feasible.

We reviewed the tracking process for mandatory overtime. It appears the Employer is utilizing a procedure that follows the intent of the Collective Bargaining Agreement.

The Employer said they have hired new employees and until recently those employees were waiting for their EMT certification cards, the inability to put these new EMT’s on the road has contributed to the need for mandatory overtime.

There will not be a new hire class in December - But there will be one in January.

We have received some questions with regard to the process the Collective Bargaining Agreement goes through in order to be signed and when the membership will receive copies of the agreement.

The contract with AMR ratified with a 93% affirmative vote. We also want to report there was a very large turnout of members voting. Congratulations on your new contract agreement! Copies of the new agreement will be available as soon as possible, however, there is still a lot of work left before the final document is ready for distribution.

Local 763 has received a number of questions from members of the American Medical Response (AMR) bargaining unit. These questions revolve around the rejection of a contract that was the result of a tentative agreement achieved through the help of a Federal Mediator. This rejection authorized a strike or work stoppage of this company.

CONTRARY TO ANY RUMORS CIRCULATING, THERE IS NO SET DATE COMMENCING WORK STOPPAGE OR STRIKE!

There are several things that are taking place. First of all, Local 763 is in the process of applying to Joint Council of Teamsters No. 28 (JC 28) and the International Brotherhood of Teamsters (IBT) for strike sanction. Without these approvals, any strike action would be against provisions of our Constitution. It would be classified as a "wildcat strike" and no members would get strike benefits or support from other Teamsters Locals and in many cases, other labor organizations.

Secondly, we have contacted the Federal Mediator and the Employer in an attempt to schedule a meeting date(s) to discuss this rejection and try to negotiate a solution.

Thirdly, meetings with the members have been set to discuss this situation and listen to your concerns and comments.

Lastly, strike committees are being formed, around-the-clock picket schedules are being worked out, picket locations are being selected, and other details are being ironed out.

There are basically two kinds of strikes, an Unfair Labor Practice (ULP) strike or an economic strike. The state and federal laws governing labor strikes are different for each. In this case, the strike will be an economic strike. An economic strike differs from a ULP strike because AMR will have the legal right to permanently replace the striking workers.

You would not be eligible to collect Unemployment Benefits while you are on strike.

You will be eligible for strike pay from the IBT should the strike be fully sanctioned and approved. However, in order to receive the strike pay you would have to be actively working the picket line shifts as assigned by the Local. The exact number of hours weekly would be determined later. Your dues/initiation fees must be current to qualify for strike pay.

The amount that each striking worker would receive depends on the amount of dues each were paying monthly. The formula for calculating weekly strike payments is four (4) times the dues that you pay monthly. For example, if your monthly dues are $36.00 then the weekly strike pay benefit would be approximately $144.00 weekly, with a minimum of $100.00 These strike payments would start at the end of the second full week of the recognized and authorized strike or work stoppage.

Does Teamsters Local 763 have a strike fund or additional benefits available?

Local 763 does not have a strike fund. We will coordinate food donations through the Puget Sound Labor Agency and to get whatever other help they might be able to assist with.

The National Labor Relations Board (NLRB) will be the federal agency that will make the decisions and any rulings concerning the law as it would apply to this AMR strike.

Will the July 01, 2005 - June 30, 2009 Collective Bargaining Agreement (CBA) still be in effect?

If we are engaged in good faith talks with the company, and not on strike, then AMR must maintain the status quo, however, it needs to be noted that the Arbitration provision goes away after June 30, 2009 and will not return without a new CBA. Of course once the work stoppage and strike commences, there is no status quo or CBA in place and all contract provisions are null and void. We will be at war at that point.

It is hard to say what AMR's response will be to this upcoming strike. It is probably safe to say that they are making plans to bring EMTs from other parts of the country to man the units temporarily, maybe permanently, and put in place a worker replacement plan.

We would recommend that you try to take care of any medical and dental appointments before the insurance coverage runs out. While on strike, you will need to self pay your dues to keep the strike pay active. When the picket line work assignment schedules are finalized, you need to make arrangements if you need child care or other care. The picket duty schedules will be different from your current work schedules. The picketing will take place 24/7 with three (3) or four (4) shifts daily for as long as necessary to win.