1.. Who gave Grand Lodge the authority to
negotiate a merger anyway?
The Grand Lodge Convention adopted a resolution calling on us to
seek mergers or affiliation. But even if there were no specific
direction, arguably any responsible union leader would explore merger
or affiliation. Smaller unions are recognizing the advantages of
mergers and they are moving in that direction. For example, the OCAW,
a progressive union we know well from their support of the Labor
Party, merged with the Paperworkers to form PACE.
2. Why not decide whether to merge at the next convention? It is
just a little more than a year away.
Out last convention mandated that we move forward. And past
convention action decided that mergers be approved by membership
referendum, not that we wait for a convention. Our system uses direct
democracy on this issue. It has already been declared our policy to
let the members decide. Besides, if the merger is a good thing, it
makes sense to move forward now, rather than forego its advantages for
another year.
3. Why do a merger at this time?
We need to have sufficient resources to keep up the fight. Our 1996
national agreement produced long overdue gains. It was very costly to
fight the court fights to try to do local handling, to do the
bargaining, to prepare the best case for a PEB, and do the lobbying
necessary to move the process along. In addition, contract enforcement
involves big expenditures for arbitration, litigation, etc. That’s
not to mention lobbying around our other issues like railroad
retirement, participation in FRA rule making, etc. We have to be able
to answer carrier attacks, and take up initiatives on behalf of our
membership. And those costs do not go down as membership declines. It
is just as costly to provide services for 10,000 members as it is for
100,000. A merger can help deal with this problem.
4. Couldn’t we survive well into the future without a merger?
Maybe. But the question is really: Can we be the kind of union we
need to be in the future without a merger? The answer to that question
is no. We do not want to be without the resources needed to
fight the legislative and collective bargaining fights that we know we
will face in dealing with a railroad industry made up of a few huge
carriers. Already, some organizations have shrunk to the point that
they don’t have the resources to have any tactical flexibility in
dealing with the carriers. We want to have the ability to shape
industry patterns, and not just get stuck with the deals struck by
other unions. So the advantages in preserving BMWE’s ability to wage
strategic campaigns that flows from the IBB merger could be critical
to our future ability to deliver good contracts.
5. What about the issue of political clout?
We need to seek more influence over the politicians that affect our
collective bargaining. This is not an affiliation with a
million-member union. But no such affiliation is in the offing at this
time. Still, the merger is a step in the right direction. The combined
IBB and BMWE membership would give us a higher profile. And our
combined legislative representatives and PAC fund resources will
certainly leave us better off than we are today.
6. What will the merger do to continue essential services?
This is a key advantage. As membership declines, the relative cost
of maintaining the same level of services goes up. The merger will
achieve substantial cost-savings by combining operations. We would
almost immediately save the rent for our current headquarters office
space, combining operations at the IBB building in Kansas City. Our
Washington, DC and Chicago offices and their functions are
specifically preserved. If we do the merger, we will be able to
concentrate on keeping our arbitration, research and strategic
planning, safety, labor protection, organizing and legal operations
going. Without a merger, we will eventually have to cut those
operations, or raise Grand Lodge dues steeply.
7. There are lots of other unions out there. Why the IBB?
In following up on 1998 Grand Lodge Convention resolutions,
President Fleming appointed a committee of general chairmen from all
regions of BMWE to explore merger or affiliation with other unions.
After nearly three years of meetings with other unions that expressed
interest in merging with BMWE, IBB emerged as a serious prospect, and
the committee went forward over the course of nearly two years to
engage IBB in detailed talks.
8. So, there might be other, better merger possibilities out there?
In an ideal world, we could carry on dozens of conversations with
other organizations, take several more years to do so, and then pick
from a broad range of offers. Maybe the perfect merger exists in that
ideal world. But let’s stick to the real world. Only a limited
number of unions expressed serious interest in BMWE. After nearly two
years of dialogue, IBB emerged as the best merger partner. Moreover,
BMWE brings substantial membership, assets, and talent to the table
today. Given the continuing decline in railroad employment, BMWE’s
strength as a merger partner could evaporate over time, and so our
ability to make the best possible merger could be reduced.
9. I’ve read that the United Steelworkers of America has
requested the BMWE consider merger with them. If this is true, why do
we not consider it?
The Steelworkers didn’t express an interest until after the
IBB/BMWE merger was almost ready to go to the Grand Lodge Officers for
approval, and after it was decided that the merger Committee would not
be asked to look at additional unions. So, we could walk away from the
Boilermakers, in order to explore an organization that may or may not
offer an acceptable merger. The Grand Lodge Officers decided that it
made sense to go forward with the IBB proposal.
10. Won’t a merger simply sell BMWE to another operation, and we’d
lose the focus of protecting our membership?
The IBB merger would preserve the BMWE as an autonomous division of
the IBB...in fact, as its single largest division. We would be a major
force within the merged organization. We would have two international
vice-presidents of the IBB, twice as many as any other division. Our
regional vice-presidents would stay on, and be regional directors,
subject to BMWE division election. We would retain our staff, and
continue to operate much as we do today. IBB has grown through mergers
and organizing, and seeks future merger partners, including other rail
unions. So, IBB has every incentive to fully embrace and support its
largest single division. We would have the best of both worlds: we
would realize economies through consolidation, yet remain a
maintenance of way-focused organization.
11. It is being reported that the BMWE will turn over 20 million
dollars in assets to the Boilermakers when this merger is complete. Is
this the way mergers work?
Remember the old westerns on TV? The bad guy wanted to force the
widow into marriage so he can grab her ranch. That’s the image that
you get if you call this merger a ‘takeover.’ Instead, this is a
merger of equals, and the BMWE will share in all of the resources of
the merged organization. By the way, IBB has more money than BMWE. IBB’s
reserves have been going up. BMWE’s have been going down. Now, with
the efficiencies a merger will bring, our BMWE Division will be able
to pay its way. But the fact is that IBB comes to the table with the
stronger treasury. They are not a financially-troubled union that
needs to ‘take over’ our dues dollars. Instead, you might argue
that we are taking over their $60 million dollars.
12. Wouldn’t a loose affiliation make sense? That way, if it didn’t
work out, we could go our own way.
If we do a loose affiliation, we’d still suffer an
income-squeeze, and we’d be obligated to help fund a second
international union operation. Only a full merger will work the kind
of operational consolidation we need. As for the desire for a ‘quick
divorce,’ we shouldn’t do a deal that has us ready to bolt for the
door the first time there is a disagreement. Some friction is
inevitable in putting together two unions. So, we should either be
comfortable with being part of a merged organization...and confident
that we can hold our own, able to make sure that the merged union
provides the resources to fight the good fight . . . or we shouldn’t
do it at all. The merger agreement does provide for independent
binding arbitration in the case of disagreements, which we hope will
never be necessary.
13. So , what is in it for the IBB?
Like most every union, IBB’s membership has dropped. They are a
fiscally-sound organization, but they understand (like we do) that it
becomes easier to provide essential services to a larger membership
base. So, they, like us, would benefit from combining resources to
operate more efficiently. And BMWE’s presence would give the IBB’s
existing rail membership more clout in dealing with the railroads and
the rail labor community
14. What about the face of the union the members know best, the
system division and federations that negotiate with the carriers,
write claims and handle investigations?
The IBB merger would not hurt or change those structures. They
would continue to operate as today. They would continue to elect their
own officers, have their own conventions, bylaws, joint protective
boards, etc .They would retain the same sort of autonomy they have
today. For example, those federations who have direct election of
officers will be able to continue those arrangements. Those that use
the convention system can continue. Just like the present, those will
be up to the individual systems or federations. In addition,
participation in the IBB health insurance plan will save them
substantial money compared to the current officer and employee health
plans. And, the dollar per member dues rebate provided in the Merger
agreement will help hold down future system division/federation dues
increases.
15. At present, BMWE in Canada has a lot of autonomy, reflecting
different conditions, laws, etc. Canada sets its own bargaining and
legislative goals. Would the U.S. based IBB leadership dictate these
policies to Canada?
No. Our Canadian operations would remain virtually unchanged. It
would make no sense for U.S.- based leadership to try to dictate
policy in another country. The Canadian operation would remain
responsible for bargaining, arbitration, legislation, etc. suited to
Canadian needs.
16. This wouldn’t do anything for Canadian members, right?
First, it does no harm. It continues Canadian operations
intact...something that may not be possible without the merger.
Second, let’s assume it makes sense to be in an international union.
While there has been a trend in Canada to leave international unions,
our Brotherhood hasn’t gone that route. Nor has the IBB, which has
approximately 10,000 Canadian members. That makes a lot of sense.
Cross-border conflicts in bargaining strategy and trade union
philosophy have lead to splits ( witness CAW’s departure from the
UAW in the 1980's). But if US and Canadian rail unionists can stay
together, there are clear advantages. The ownership and operation of
railroads has become more transnational than ever. We have already had
positive experience in dealing with the CN as a single, international
organization.
Now, if it makes sense to be in an international, it makes sense to
be part of a strong international. A trade union is created for
mutual aid and support, like when resources are allocated to fend off
hostile raids. Obviously, an international that is flat on its back is
unable to direct meaningful assistance where it is needed. The merger
will mean a stronger international, both now and in the future. And
that will benefit our members in both countries.
And don’t forget that our Canadian membership will be eligible
for IBB strike benefits; our Canadian Lodges (like the U.S. Lodges)
will get the right to send Convention delegates on the international’s
expense: international dues increases are capped; and, after
satisfying the death benefit liability, the same $1.00 per member per
month would revert to the system federations in Canada. The advantages
of the merger apply on both sides of our border.
17. Would consolidation of operations throw long-term employees on
the street? That wouldn’t be right for a union to do to its own
employees.
All non-agreement staff would be offered a job with IBB. Those who
don’t want to move to the job would be offered a New York
Dock/Washington Job-type separation allowance We intend to be fair
with the bargaining-unit employees. We are legally and contractually
bound to bargain with their union. We have no legal right to dictate
to them. By the same token, they have no right to veto a decision to
consolidate headquarters, if that is in the best interest of our
organization.
18. It has been said that this is nothing more than a sell-out of
the BMWE, with a fat pension for the officers as the pay-off. How do
you respond to that?
Pension plans are a way to attract and retain talented personnel.
We have had a pension plan at Grand Lodge for decades, and it
undoubtedly helped to attract and retain technical and professional
staff. Our pay structure is generally lower than the private sector’s.
But our pension plan is better than what is often available in
private-sector employment, so it is an important part of the
compensation package that makes BMWE a more attractive employer. IBB’s
pension plans are better than BMWE’s. They also require greater
participant contributions. As a matter of law, equal pension benefits
must be offered to all covered employees, so, post-merger, IBB’s
benefit package would be applicable.
IBB’s plans also offer system division and federation
participation. Each system division or federation would have to decide
whether to participate. If the rest of the deal makes sense , it would
be folly to turn the deal down because the IBB’s financial prudence
has resulted in superior benefit packages.
19. But nothing for the membership on pensions?
The IBB has a multi-employer members pension plan. Depending
on the negotiated employer contribution rate, it is possible to get up
to 15-years past-service credit. We could negotiate with the carriers
to have our members come under it, or with the IBB’s experience in
creating and administering pensions, negotiate a separate
rail-industry plan. Now, nobody can simply promise that would happen,
and this merger doesn’t offer any phony guarantees. We would have to
get employer pension contributions as part of national or local
agreements. Such contributions form part of the total labor-cost
package. IBB has negotiated pension benefits on METRA. Understanding
that those benefits will not come without a fight, there is no reason
that we could not negotiate a supplement to railroad retirement
benefits.
20. The national agreement requires substantial health care cost
sharing. Would the merger have any impact on that ?
IBB can and does operate health care plans at substantially lower
cost than the national railroad plan because they are self-insured. We
think that a switch to a new railroad plan could be a way of
addressing rising health care costs while providing comparable health
benefits. The railroads have been willing to deviate from the national
plan to try to contain costs, as when they negotiated with UTU to move
most of their members into Blue Cross/Blue Shield. So, we think that
moving into an alternative IBB plan could hold down costs and keep
more wages in our members’ pockets. Like the issue of members’
pensions, there are no guarantees. But the merger brings commitments
and experience that increase our ability to fight for those
improvements.
21. What about our strike fund?
Our strike fund would continue and pay benefits to U.S. BMWE
Division members (now at $250 per week for the first two weeks. Then,
they are reduced to offset Railroad Unemployment benefits when they
kick in). In addition, as members of the IBB, all BMWE Division
members (both U.S. and Canada) would also be entitled to a
strike benefit from the IBB Defense Fund. That would increase current
benefit levels by $75 per week
22. I’ve also been told that the agreement to merge provides that
the IBB will use the interest from the Strike Fund to pay off the
remaining debt of the Death Benefits for qualified BMWE members. Why
would this happen?
That fund was set aside through special assessments of U.S.
members. And that’s why those monies have never been used to pay for
the general operations of Grand Lodge. The situation now is that our
strike benefit fund is growing. As a practical matter, few benefits
are paid out. This is because our strikes are cut short by the courts
or by the Congress. In some ways, the strike fund is becoming like
having a bank account that keeps growing, but we can never use. So, we
would use the interest to fund BMWE-only death benefits owed to our
oldest members. (U.S. only, since only U.S. members paid assessments
to fund the plan.) This solution would not require our membership to
reach in their pockets to fund this outstanding liability.
If we do not merge, Grand Lodge dues will have to go up sharply,
and, in the event of a strike, you will be eligible for the BMWE
strike benefit only. If we merge, we can better hold down dues
increases, you would continue to receive BMWE strike benefits (no
other Boilermakers would be entitled to that fund), plus we
would receive an additional IBB strike benefit. You come out further
ahead.
23. The AFL-CIO has been clear that organized labor needs to grow.
BMWE has not added enough new members through organizing. What effect
will this merger have on organizing?
IBB has 13 skilled organizers on staff that would be available to
assist the BMWE Division, and the IBB has made commitments to help us
organize in the merger agreement. BMWE now has only two full-time
organizers. With the help of the IBB organizers, we would
automatically increase our prospects for growth. Again, merger does
not guarantee that we will grow. But we will have far more resources
available for organizing than we have today.
24. Will we lose our autonomy as a union by virtue of this merger?
"Autonomy" means "self-governing." Today, our
system divisions and federations are autonomous, meaning that they
pretty much run their own affairs. Grand Lodge’s approval is
necessary in case of a strike, and to approve new agreements. And
Grand Lodge provides assistance to the system divisions and
federations, if they want it. Those relationships would remain the
same, except that strike authorization would shift to the IBB
president. And as far as the BMWE Division is concerned, the
International Executive Vice President-at-large that heads the
Division would operate the Division much as the Grand Lodge President
runs the BMWE today. Let me give an example. In Article III of
the BMWE Constitution, the President is forbidden from negotiating
agreements (other than national agreements) without the approval of
the affected general chairman, or ratification by the rank and file.
The merger agreement prohibits any IBB officer from reaching local
agreements without the same consent. So, this is one example of how
BMWE’s autonomy is protected.
25. It has been rumored that we will no longer have the right to
strike after this merger. Is this true?
Those rumors are nonsense. In fact, the merger agreement has
built in a BMWE
-specific defense fund. Because we have used the strike weapon more
than other rail unions, we wanted to make sure we would have the
resources to support our use of self-help, above and beyond the
support we would receive from the IBB international Defense Fund. So,
not only would we retain the right to strike, but we’ve laid away a
special fund to make sure we can strike if we need to.
26. In the event the BMWE desire to go on strike after the merger,
I understand that the IBB President must approve it before hand. Is
this true?
Yes, just as the BMWE President must okay a strike today, the
merged organization’s president will have that responsibility.
27. I understand that in the event of a vacancy of one of the top
two leaders, the IBB President can appoint the vacancy until the end
of the term?
Yes, provided that the person filling the unexpired term must come
from the BMWE Division. This is consistent with the existing
IBB Constitution
28. I’ve been told that the Boilermakers will be able to just
close all local lodges with 35 or less members after this merger? Is
this the way they currently operate?
We need to strike a balance. Our membership is scattered across
most every state and province of two countries. It’s just the
natural result of the nature of the work we do. So active local lodges
are the important link between the membership and our union. We need
to be able to maintain active local lodges when they serve their
members. But, at the same time , we need to have some flexibility to
address lodges that have become dormant, as when a short-line sale
dissolves the jurisdiction of the lodge.
There are specific safeguards concerning forced mergers or
consolidations of local lodges in the merger agreement . As long as
they continue to perform their normal duties, they cannot be
involuntarily merged or consolidated.
Under BMWE’s Constitution and Bylaws, local lodges can be
dissolved when there are less than 10 members. The IBB sets the
threshold at 35 members. The IBB Constitution does, however, permit
the Executive Council to waive the 35 members requirement, and IBB has
waived the 35 member requirement. In fact some 53 IBB lodges with
under 35 members will be eligible to send delegates to the 2001 IBB
convention.
29. I’ve been told that the BMWE members will pay $3.05 more in
dues than the minimum required by the Boilermakers bylaws. Please
explain.
First, $1 of the difference between current BMWE dues and the IBB
per-capita gets sent back to the system divisions and federations in
the U.S., thereby adding to their treasuries without a dues increase.
(In Canada, the dollar would be diverted to fund Canadian death
benefit liabilities, until they are funded). Then there is 80¢, that
equals the current BMWE 80¢ legislative set-aside. This will fund the
BMWE Division’s legislative department. 75¢ will help fund the
operations we preserve, like our Regional Directors, the Chicago
arbitration office, etc. And 50¢ will go into a special defense fund
that helps certain costs, especially legal costs, in "major
dispute" strikes and other actions to defend the members. So, our
higher dues simply reflects the fact that the BMWE Division will
preserve and continue essential services for its maintenance-of-way
members above and beyond Boilermakers international operations. And,
we would be no different from other IBB Divisions that pay more than
the basic per-capita in order to fund their special services.
30. I’m told that we may lose our Journal (both U.S. &
Canadian) after the merger and articles of interest will be published
in the Reporter (current Boilermakers publication). Is this true? Why
can’t we just retain them unto the future?
At first, there will be six BMWE Journals per year. However,
combining publications is one of the ways a merged organization is
more efficient. Instead of separate publications, the merger agreement
give the BMWE adequate space for BMWE Division content in the IBB
paper. Besides efficiency, it will make our members familiar with
other IBB news, and vice-versa.
31. It is rumored that we will no longer have recall of the officers
of the BMWE after the merger? Isn’t there some mechanism to rid
ourselves of officers who deserve to be removed from their post in the
event of wrongdoing?
True, the IBB doesn’t use recall. Instead, officers who deserve
to be removed can be put on trial and removed from office. That is
already the way we do it when you’re dealing with BMWE system
division and federations and local lodges. Beyond that, IBB was
not interested in recall. Under recall procedures, a recall movement
can be started for a good reason, a bad reason, or no reason at all.
Again, they wanted all of the merged organization’s officers subject
to the same rules.
32. I have heard that the Executive Vice President and the
International Vice President will be elected by the Boilermakers, at
large, and not the BMWE Boilermakers Division, following the interim
election in 2002. Why can’t we just elect our own top leaders as a
Division of the Boilermakers?
IBB top officers are elected at large. Our Division’s Vice
Presidents will be IBB Vice-Presidents, with full voice and vote on
the IBB’s Executive Committee, the IBB’s governing body between
Conventions. International unions elect top officers in different
ways. Some use direct membership balloting. Others use convention
systems, with combinations of at large and regional voting. Is one way
the right way? If you look at the track records of some of the most
effective unions, you’ll find that a variety of election rules apply
to them. So, it is safe to say that at-large vs. regional voting is
not a matter of basic trade-union principles, but rather a difference
in history and structure.
IBB is satisfied with their election system. It was a point of
principle for IBB that all merged organization officers be subject to
the same voting method, including the officers from the new BMWE
Division. Since our Regional Directors( former Vice-Presidents)
will not be IBB "officers," their election and that of the
Executive Committee (former BMWE Executive Board) will be elected by
the BMWE Division, by regions, just as they are elected now.
33. I’ve been told that the IBB constitutional amendments can
only be proposed by subordinate bodies or delegates to the convention,
and not by just any member as in the BMWE. True ?
True. Is this a difference that matters? If a proponent of a
constitutional change cannot persuade a single local lodge or a single
convention delegate to support his proposal, it’s pretty plain
that it would have no support at convention.
34. The IBB Constitution prohibits membership to one who is a
member of the Communist Party and makes subversive activities, such as
fostering or abetting any communist, fascist, or other totalitarian or
subversive movement, a basis for charges against an officer or a
subordinate member? Why is this in their constitution and is it
enforceable?
Anticommunist clauses exist in a number of union constitutions.
Some came about when the U.S. government made it unlawful to be a
union official and a member of the Communist Party. The criminal
provision of the law was declared unconstitutional in 1965, but the
law is still on the books. There is a split in the court system on
whether these clauses can be enforced.
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