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"A Call for Action"
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Post "A Call for Action" Posted: Fri Mar 07, 2008 9:31 pm
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“A Call for Action”

I am writing directly to all members of the JBLC regarding the current status of our attempt to leave NYSCOPBA and join NYSUT.

At our Beach Representatives Assembly meeting on Wednesday, March 5th, we were to announce that an agreement between all the parties involved had been reached and we were at last free of the “so-called union”, NYSCOPBA (New York State Correctional Officers and Police Benevolent Association). Unfortunately, but true to form, they have again shown that they are untrustworthy, and not capable of being associated with the Jones Beach Lifeguard Corps.

As you should know by now, NYSCOPBA has denied us true representation for many years. They have excluded us from their assembly meetings and constitution, they have denied us the right to meet as a group and employ some form of self-government (ex: shop stewards meetings). They have demanded that Long Island State Parks stop all communications with your group representatives, and they have forced Parks to deny us a place to meet at our work site. And of course, they have denied us the right to a fair wage. They have deliberately sought, and were successful in wage increases for all those under their contract, except lifeguards!

WE HAVE HAD NO RAISE IN FIVE YEARS!!

They have done these things to us, all the while accepting our bi-weekly dues – estimated to be as much as $75,000 per year. And what do we get in return for our dues? Not very much!

A number of years ago, we started the process of de-certifying from their union, and they challenged our right consistently. We have been persistent in our struggle, and after some rulings both for and against us, we ended up with a hearing before PERB (Public Employees Relations Board). This case is awaiting the appointment of a new PERB member, and may or may not allow us to leave NYSCOPBA.

Last year, we convinced NYSUT (New York State United Teachers) that we could be an asset to their organization. They agreed to assist us in our quest to join a union that would truly represent our interests. (By the way, NYSUT represents more than 585,000 teachers, school-related professionals, academic and professional faculty in higher education, as well as professionals in education and health care and retirees. NYSUT is affiliated with the American Federation of Teachers, National Education Association and the AFL-CIO.) The group that NYSUT felt would be best for the JBLC would be the UUP (United University Professionals).

Last fall, NYSUT’s legal team (at no cost to the JBLC) filed in NYS Supreme Court a class action lawsuit, charging that NYSCOPBA had failed to represent us. To most of us this is a given, but the court must need to be convinced. This is also a unique legal approach, one union suing another for a failure to represent.

Directly related to the leverage applied by this class action suit, and by the continued efforts of the legal team and leaders at NYSUT, all parties had reached a verbal and “hand shake agreement” as of the end of last week. The agreement between NYSCOPBA, NYSUT, COUNCIL 82, and GOER (Governor’s Office of Employee Relations) was written up for signatures and sent to the various groups for finalization. On Wednesday of this week we were informed that NYSCOPBA had changed its mind. They needed to be sure that the lifeguards really wanted to be free of their yoke. They announced that they needed to conduct a “poll of all the lifeguards”.

A “poll of all the lifeguards”? They can’t get it through their heads that we want out! The de-certification efforts mean nothing to them? The lawsuit means nothing? The letters, the phone calls, the emails, and the obvious fact that they have failed to even ask NYS Parks for a raise for its lifeguards in 5 years? All of that means that they need to poll the lifeguards?

WHO ARE THEY KIDDING!

What does this mean? Is this a stalling tactic? Are they just being greedy and not want to give up the free money they get every summer? Have some of our guards being telling them that we really want to stay with them? Will they wait until they contact all NYS lifeguards (over the summer perhaps) and then announce the poll results? In what form will the poll take place- written affidavits? - telephone calls? - emails?

All good questions, and as of today, I do not have the answers for you. We are awaiting advise from NYSUT on strategy. We will inform you of that when we are advised.

By the way, to those who actually think staying with NYSCOPBA might be a good idea. Their contract with NYS has been sealed.

NYSCOPBA CANNOT GET US A RAISE!

So the reality is that if we do stay with them, we cannot continue to try to leave them. We would need to give up all de-certification efforts and go back to them with our lifeguard caps in hand, say were sorry and get nothing in return! Is that what you want to do? If so please communicate that to me, and your fellow lifeguards. A house divided cannot stand, and we all need to be united in this effort.

We, your Executive Board and your Beach Representative Assembly, will be contacting you soon. We will be asking that you stand with us and do what is necessary to convince NYSCOPBA to let us go. Your part for now will be easy. You may be asked to telephone the NYSCOPBA offices, you may be asked to sign a letter, have it notarized and mail it. We may ask you to join us at a picket of NYSCOPBA offices, we may ask you to contact elected representatives to secure their support. If we do ask these things, we expect you to respond as if it were two whistles blown. If two whistles were blown, you would stop whatever you are doing, and run towards the danger. You always give 100% in the effort to save the life of someone you do not know, we expect you to give 100% in the effort to secure our future. If you want the money that you feel you are owed, you need to do something to get it. Just because you work at the beach is not enough. As they say, “Nothing in life is free”.

Once our association with NYSUT/UUP is complete, their first empowerment is to negotiate our long overdue raise and retroactive pay.

“In unity we have strength.”

Yours in Solidarity,

Tom Donovan
President, Jones Beach Lifeguards Corps

3/7/08
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