Does anyone know what will happen to the union agreements on DFA acquired plants (assuming it goes through)? Can they/will they kick out the Unions? Also, what is your personal opinion on the unions? Would you like to see the unions remain or be kicked out if you were making the choice?
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It's on the eqiq websites. Document is Exhibit A-Asset Purchase Agreement. Voiding Collective Bargaining Agreements is mention in many places in the document, but section that lays out not accepting anything including current wage rates can be found on page 69.
"Collective Bargaining Agreements. Buyer does not accept or assume any Collective Bargaining Agreements to which Seller or any of its Subsidiaries is a party to or subject to, and expressly declines to be bound by or accept the terms of any such Collective Bargaining Agreements, and all successor obligations under any Collective Bargaining Agreement are for the avoidance of doubt Excluded Liabilities for purposes of this Agreement, unless any such Collective Bargaining Agreement is designated as a Desired 365 Contract after being modified in a manner acceptable to Buyer pursuant to Section 1113 of the Bankruptcy Code, which in no event will include Buyer contributing to, being a successor to Seller for purposes of, or having any Liabilities with respect to, a Multiemployer Plan. Other than the Assumed Plan Liabilities, Buyer shall not be obligated to, and does not, accept or adopt any wage rates, employee benefits, employee policies, or any other terms and conditions of employment. Any successor liability with respect to any Seller Benefit Plan (including any Multiemployer Plan) other than any Assumed Plan Liabilities is for the avoidance of doubt an Excluded Liability. "
Lot of lawyer speak. Some translation:
- Section 1113 of the bankruptcy code allows companies to ask the court to void collective bargaining agreements or else demand a list of concessions from the union. If union votes down concessions, court can still voice the agreement.
- Section 365 agreements are agreements made that include the concessions the company asked for.
- "which in no event will include Buyer contributing to, being a successor to Seller for purposes of, or having any Liabilities with respect to, a Multiemployer Plan" means "we ain't contributing to a guaranteed pension plan- we offer a 401k".
Can you provide a link to the website you are referring to in regards to the pdf and the unions fate. Maybe I'm looking to quickly but I'm not seeing it. I'd like to look at copy of that.
Thanks
I worked for a dfa union plant. When the first acquire the plant they will look in to the contract to see if they have to honor it as a buyer. If they do have to they will play nice for the frist contract round. However the 2nd contract they bring high dollar negotiators(union busters) who will low ball the first offer so much you'll either have to drag out negotiations to break even or give up ground. Just stay strong and be well aware of market for your product.
Btw for those saying worthless unions just wait to hear what their off is when they start the 2nd contract negotiation you'll see how much they value you. (Just remember the farmer aren't to blame)
I'd be much better not having to waste money paying dues to a worthless union.
I like how people put a negative reaction when I state facts and tell them exactly where I got my info from.page 73 collective bargaining agreement paragraph....lol
Yes I do be live they could very easily have people reapply. It has been done before but that would have to be a wait and see. For them it would be so much more cost effective as some of the Union plants are paying more then what dfa pay scale dictates. They also could go to a 2 tear system. New hires start at a lower rate and current employees remain at there scale. Problem with that is you end up stuck making the same rate without raises until the rest catches up. Oh and you will be paying more for healthcare. As for any pensions well. Who knows.
I'd prefer to stay union these plants are hard enough to cope with being unionized. I believe some dfa plants are unionized as well
I just went on the epiq site download the new pdf page 73 is unions fate.dfa will not recognize collective bargaining agreements made by Dean as it states in the sale agreement.they will offer you jobs though so it sounds like we'll be starting over