Your Questions Answered

Columbia Gas and the UWUA kicked off negotiations on telematics in January. The negotiations concluded on Friday, April 12, when Columbia Gas hosted the UWUA at its headquarters in downtown Columbus for a negotiating session. The Utility Workers brought their top lawyer and General Counsel, David Ratke, to bargain the agreement with the company. Radke was assisted at the negotiating table by UWUA National Representatives Joe Swenglish and Greg Adams.

The company was very pleased that at that negotiating session, the company and union reached an overall agreement on the use of telematics in company vehicles. At the conclusion of the negotiating session, the Utility Workers signed the agreement, which allows, among other things, for the installation of cameras, including driver-facing cameras, in company vehicles. And not only did the UWUA sign a telematics agreement for their Ohio members, but this agreement allows for cameras in the Columbia Gas vehicles driven by UWUA members in Pennsylvania and Maryland as well. The Utility Workers have now agreed to the installation of the telematics system for every one of their Columbia Gas members in every state where they represent Columbia Gas employees.

It’s not surprising the union signed an agreement with the company because every other union that represents employees of NiSource companies has signed similar agreements allowing for telematics, including driver-facing cameras. But what makes the agreement a surprise is that the UWUA had been stating in their flyers and meetings with employees just this past month that bringing in the union was the best chance to “Stop the surveillance cameras that Columbia Gas wants to put in our trucks!” (a direct quote from one of their many fliers). Yet just weeks later, the union signed an agreement allowing cameras in company vehicles. This is just another example of the union telling employees whatever they think employees want to hear to get them to sign their cards for union representation.

If you signed the UWUA’s authorization card believing that the union was going to stop the cameras and are now disappointed to learn that they just agreed to the installation of cameras, we don’t blame you. Unions are free to make all kinds of promises that they know they cannot, or know they may well be unable to, keep. If you’re so inclined, you can always ask the union to give your card back; however, we’re not sure the UWUA will give it to you. If you have not signed a card and don’t want to be represented by the UWUA, you have the legal right to refuse to sign, no matter what the union or its supporters may tell you.

So the union is trying to make you think that signing a card in no big deal.  Don’t be fooled.  It is a fact that an authorization card does much more that “just allow us to take a vote”; that is, unless the union’s reference to “us” means the union counting cards it has collected and tries to force the company to recognize the union without employees even having the opportunity to have a secret ballot vote in an NLRB-supervised election. The fact is the UWUA can use a signed card as a vote for the union, if the union obtains cards from a majority of the employees it seeks to represent, to demand that the Company recognize the union as your exclusive collective-bargaining representative.  If you read the authorization card the UWUA uses, you won’t find the word “vote” or the word “election” anywhere on it. What you’ll see is that the authorization card is a contract – a contract to have the union represent you. Here are the words the union uses on the card:

I, the undersigned, hereby make APPLICATION FOR MEMBERSHIP in the UTILITY WORKERS UNION OF AMERICA (AFL-CIO). I hereby designate the Utility Workers Union of America to act as my sole and exclusive representative for the purpose of collective bargaining with respect to wages, hours and conditions of employment and I hereby withdraw all previous designations of any other organization as my collective bargaining agent.

You can also read more on this here.

As you may know, this union started knocking on employees’ doors in September of last year, and SIX MONTHS LATER, they are still imploring Columbia Gas employees to sign their cards. It seems that they might have overestimated the support they would receive from you, and now they are using more misleading tactics, as well as trying to buy your support by hosting yet another event at a local bar, all for the sole purpose of getting you to sign their cards.  Remember, if this union is successful, their number one aim in negotiations will likely be a union security agreement allowing them to take hundreds of thousands of dollars DIRECTLY out of the checks of all of you, and not just those who signed cards!  They are trying to make it look like they are coming in here to Columbia Gas to “help” you out of the goodness of their own hearts when the reality is that they are trying to grow their union.  Remember the HUGE dollars this out-of-state union will be receiving if they are successful.  And when you look at your pay rates and consider you already enjoy the same benefits in place at our UWUA locations, you should ask yourself if paying the union money out of your check each month is really worth it – especially considering that you just received last month the largest bonus payout in the history of the company.

Remember, if you’re not interested in signing a card, you have the right to tell the union and any co-worker who keeps pushing the union that you’re not interested.

Some of you may have received a recent flyer from the Utility Workers Union of America that says time is running out to get “as many people as possible to sign an authorization card” “to even have a vote on whether we can form our union.”  They even manufacture a date, saying “the deadline to sign is May 11.” And they add with a straight face: “Remember, signing a card isn’t a vote for a Union. It just allows us to take a vote.” None of that is really quite true. Sections on our website addresses the misleading tactics union organizers often use to get employees to sign cards: “Union organizers have been known to make misrepresentations, false statements, empty promises and even threats to get workers to sign cards.” And now you are a witness to those tactics first hand.

The fact is the National Labor Relations Act does not establish, and the National Labor Relations Board has never interpreted the Act to provide an end date for a union to form a union among a group of employees. Some union organizing drives go on for years and seemingly never end. The UWUA knows that and all we can assume is that the union made up May 11 as a deadline to create a false sense of urgency in the hope of adding pressure on employees who’ve withstood the pressure so far to sign a card.  Don’t fall for it.

And the union’s claim that it’s no big deal to sign a card?  Well don’t fall for that either. More info on that tomorrow.

Unions routinely resort to buying employees pizza, beer, etc.  We’ve even seen one union host a “crab boil” to buy employee support. Our experience is that most employees see through this rather cheap ploy and recognize that while it’s nice to have someone woo you by buying you dinner and beer, they are smart enough to see through this union “generosity” and know that all the union really wants at functions like these is your signature on their union authorization card.  It’s a rather cheap investment from the union, and they realize that some employees will fall for it.  These employees might think they are getting a free meal, but the reality is that if the union is successful, employees will literally be paying thousands of dollars through their career (so much for that free meal…) in dues assessments and other fees.  We don’t think that you fall for these old union tactics.  The choice is yours.  You have the right to simply say no thanks and just know that they’re simply doing this to get your signature and support.

Nobody knows if you’ll still receive a bonus or not if you go union. All terms and conditions, including wages and benefits, are subject to negotiations. The reality is, if you go union, you may or may not have a bonus depending upon what happens in negotiations. And if you do, it could be the same bonus you receive now, it could be more, or it could be less.  Again, no one can predict the outcome of negotiations.

However, what we do know is that right now, today in fact, an announcement came out with great news that not only are our non-union hourly employees in Ohio receiving their bonus this year, but because we all did so well, you’re 4% target bonus is going to be multiplied by 170%!  That’s the highest bonus payout ever!  For an average non-union Ohio employee in the group the union is trying to organize the average incentive payout was $7,225. And you’ll receive that amount without any union bargaining, without any potential threat of a strike, or without you paying any union dues.

The Utilities Workers Union represents two units of field employees in Ohio – employees in Toledo and employees in St. Clairsville. Those employees work under collective bargaining agreements that run through 2026. Under the law, the Company is required to provide the union with notice and an opportunity to bargain over the decision and effects of a decision to implement mid-term changes to employment terms that are not contained in the existing contracts. The Samsara Telematics system is such a change. In the first half of October, we provided the union with notice of our plans to move forward with the system and offered to meet with the union to bargain over that decision and the effects of the decision.   Interesting note: The company initially asked the union to meet with the company to bargain on this issue but the UWUA refused to meet.  The company followed up with a second request to the UWUA to meet on this issue, and we are pleased that the UWUA have finally agreed to meet. We are finally now in the process of scheduling negotiations.   Why that should be interesting to you is that the UWUA wrote in a recent communication to employees that the UWUA “asked for a meeting over the issue.  The company has agreed to meet with UWUA Locals on the matter”.  Of course, this is not true, the UWUA knows it’s not true, and they are blatantly giving you completely wrong information on this issue.  This begs the question: Is there anything else they not being truthful about?

As is true in all collective bargaining negotiations, the union does not have the power to stop the Company from implementing the Samara system. It only has the right to negotiate with us over our decision and the effects of our decision. In those negotiations, both sides are required, to use the language of the National Labor Relations Act,  to “confer in good faith.” But, as the law expressly states, “such obligation does not compel either party to agree to a proposal or require the making of a concession.”

If the Company and the UWUA reach what is called “a good faith impasse” in negotiations, the Company will have the right to implement its last offer to union. Having not begun negotiations yet, we have no way of knowing if that will happen, but based upon our success in negotiating signed agreements with four of our unions on the use of the Samsara Telematics system, we are hopeful that we will reach an agreement with the UWUA. Either way, don’t let the union fool you into thinking that if you bring in the union, you won’t have telematics.

Unions routinely make all kinds of nice promises to employees to get them to sign their union authorization cards (remember, getting your signed cards is the Utility Workers’ path to getting into your wallet every month).  If the UWUA is promising you a pension, you should ask them to guarantee it in writing.  They won’t. They know that wages and benefits, like everything else in a contract, must be negotiated with the Company. And they know that there are no guarantees in collective bargaining – you might get more, you might get less, you might get the same, or the Company and the union might not reach an agreement.  You already know that the Utility Workers Union represents your COH coworkers in Toledo and St. Clairsville.  What you may not know is that not even those employees have a pension!  In fact, the Utility Workers Union didn’t even propose adding a pension during the last round of contract negotiations last year!  Evaluate their promises carefully.

Good question!  You’re right – while you can enjoy up to two weeks off of work that is completely paid by the Company for the birth or adoption of a child, your union represented coworkers do not have this benefit.  If you go union, under the law the benefit would remain part of the status quo while a contract is being negotiated. BUT because ALL of your current wages and benefits would be subject to negotiations, there’s no guarantee that you would keep this benefit if and when a contract was agreed upon.  Again, in negotiations, your wages and benefits could actually go DOWN from where you are at now, or stay the same or increase.  The nice thing is that you have this great benefit, and you didn’t even have to pay dues to some out-of-town union to get it.

This union is DESPERATE to get signatures from your coworkers and you so they can get in and start receiving dues.  The union stands to make hundreds of thousands of dollars from COH employees if they can convince you to sign their cards and succeed in becoming your representative.  This is big dollars for them, and they will likely only stop when enough employees tell them they are not interested.  If you don’t want Utility Workers Union dues deducted from your paycheck, and recognize the union’s promises as the empty puff that it is, you have the right to speak up and let your coworkers know how you feel and why. And if they come knocking on your door, it’s entirely up to you, just as it is when any salesperson comes by, whether to open it.

Do you have questions about what it would mean for you if the group goes union?  Submit a question!  If it’s on your mind, your co-workers might be wondering about the same thing.  We want to make sure that you have all of your questions answered.

That’s the amount that some of your COH coworkers who already belong to the UWUA are currently paying in dues during the life of their current collective bargaining agreement (five years) (it could actually be more – possibly far more – than that as unions are known to regularly increase dues).  That’s a LOT of money!  Imagine what you could do with an extra $12,607 in your pocket each contract period that you didn’t have to give to a union.  And keep in mind that these coworkers, who are represented by the same union that is now trying to get into your pockets, have the very same benefits package that you have right now, except that while you don’t have to pay a dime to a union to get the package, they do.  And as for the wage rates, COH employees that don’t belong to a union are paid the same hourly rate, or better than your UWUA represented counterparts!

We understand your point that times are tough, inflation is high and everything is more expensive these days. But if the UWUA is successful here, they will demand that EVERY employee pay dues, whether the employee wanted a union or not.  And unfortunately, while some of your co-workers are pushing to bring in a union here, they won’t be covering your dues bill.  Requiring everyone in a bargaining unit to pay dues and other fees is one of a union’s highest priorities – if not the highest – in contract negotiations – what they want is called a “union security” clause, a provision requiring all employees to join the union or pay union fees as a condition of employment – an employee who fails to pay the required union dues or fees is subject to termination. The UWUA has a union security clause in each of its contracts with COH. For instance, currently the UWUA is charging COH employees it represents in Toledo a biweekly amount of $96.98, which averages out to $210 a month.  That means that some of your COH coworkers are paying the UWUA over $2,500 a year, and will pay over $12,607 during the length of the current 5 year contract period (assuming dues are not increased by the union).

Fewer than 20% of the COH Operations and System Operations employees have, in five separate bargaining units, union representation: In Toledo, the employees are represented by UWUA Local 349; In St. Clairsville, the employees are represented by UWUA Local 436; in East Liverpool, the employees are represented by USW Local 13656; in Wintersville, the employees are represented by USW Local 12319; and in Ironton, the employees are represented by USW Local 372.

The UWUA will make lots of promises to try and get your signature on their authorization card; but it cannot guarantee anything. That’s a very important distinction, one that makes this most recent union claim of a better and less expensive health plan worth a look back to recent history – last year’s contract negotiations.  In those negotiations, the UWUA did, in fact, initially propose a union sponsored health and welfare plan. But in the end, they withdrew their proposal and agreed to the company plan (the same plan by which you and all employees in Ohio are covered, both unrepresented and union-represented).

As you know, the UWUA is spending a LOT of money on this organizing campaign, trying to get the signatures from employees (remember, your signature is like gold to them).  Many of you have received visits at your homes by pairs of union organizers, many of whom are out of state union officials assigned here in Ohio with the goal of getting you to join the UWUA.  First, there were home visits, and now the union is hosting union meetings.  Whether or not you attend these meetings is entirely up to you.  Just know that if you do attend these meetings, please beware that their main goal is to convince you to sign their authorization cards.

Thank you for your question.  You and your coworkers who oppose bringing in a union here have just as much right to advocate and voice your opinions as much as some of your fellow employees who are pushing right now for a union.  Remember, if they are successful in bringing in a union, even if you aren’t in favor of joining the UWUA, you’ll be covered by the union anyway.  So don’t be shy in voicing your opinion.  In fact, we have seen employees at other companies print out their own flyers against a union organizing attempt, hand out anti-union buttons and at one location, employees even started up their own website to share information with their coworkers why they shouldn’t join the union. We encourage you to use your voice to make your opinions heard.

Thank you for your question.  Regarding the union protecting jobs, this is one of the items that unions try to brag about during organizing campaigns.  But the reality is that union represented employees at locations in Ohio and across the country have lost their jobs due to plant closures, significant layoffs and even for disciplinary reasons, despite all of the dues the employees pay to their unions every month, expecting “job security” from their unions.  Regarding COH “keeping employees with 1 year experience over employees with 30 years”, the Company did not terminate any long-term employees over short-term employees. During the recent construction transformation activities, with the exception of a small number of employees who had documented performance issues, the company went to great lengths to ensure that each employee still had an opportunity to remain with the company and moved those impacted employees into roles taking into account their skills and abilities and seniority – and we did that for our non-represented employees even without a union.  Lastly, the construction transformation changes also affected NiSource employees who were represented by unions – they were not exempt from this process.

Thank you for your question. Like all businesses, funding for all aspects of our operations comes from revenue we receive from our customers for the products and services we sell. That’s how business works. And that’s how it works for unions – they’re a business too. Their operations are funded by the dues their members pay. Those dues are how the union is able to fund its campaign (including its website) to persuade you to sign up to pay dues to fund their salaries, try to organize other employees, support their political causes and other things that have nothing to do with representing you.

Yes, we can, and we hope you look to us to provide you with all of the facts about what having a union would really be like at our company. You should also know that while the union is allowed to make promises and exaggerate about what would happen if they win, Columbia Gas cannot – and will not – make promises about what will happen if the union loses. The law prohibits companies from making promises – even though the Union is allowed to promise and even mislead employees!

No! Your vote would not be controlled by any past promises, pledges, signatures or actions. You would be free to vote any way you wish, no matter what someone may tell you. Even if you signed a card, or told someone you would vote for the union, you could still vote NO. The vote would be by secret ballot and conducted by a federal agency, the National Labor Relations Board. No one would know how you voted unless you told them.

If the Union became your representative, you could expect they would insist on a “dues check-off clause” in a contract, which would mean, if they were successful, that union dues would be automatically deducted from employees’ paychecks – just like taxes. The only exception to this is in states where there are “Right-to-Work” Laws – Ohio is not one of those states.

If the Union got in, it would be your exclusive collective bargaining representative, which means that it would have the right to attempt to negotiate a collective-bargaining agreement with Columbia Gas covering your wages, hours and other terms and conditions of employment. Company negotiators would be required to meet with the union to discuss proposals in good faith in an attempt to reach a contract. But the law would not require Columbia Gas to agree to any union demands that it did not believe would be in the best interests of the company or our employees. It is important to understand that the law does not set a deadline for reaching a contract and also does not require that a contract ever be reached.

If our negotiators were not able to come to an agreement with the union, the union could either continue bargaining, give up on its demands, or call the employees out on an economic strike to try to persuade the Company to change its positions. Bargaining for a contract can be a very complicated, lengthy process; immediate changes to the workplace rarely happen.

It is our hope that we would not have a unionized workforce and never face the possibility of a strike. For companies that are involved in an economic strike, the striking employees:

• Would not get regular paychecks from the employer for as long as the strike lasts.
• Would not be eligible to collect unemployment compensation during the strike.
• If they wish to continue their healthcare coverage, may have to pay all the premium costs for coverage out of pocket (medical, disability, life, etc.).
• Could be permanently replaced as permitted by law.

If the Union gets in, the Union would speak for all employees in the bargaining unit as a group, regardless of how an individual employee voted. When they can, unions usually also make it a priority to get a “union security” provision in a contract, which forces all employees to pay dues/fees money to the union or lose his/her job. If there were such a provision in a contract and you were to fail to pay the union, the union could demand you be fired. Unions usually also want a “dues check-off” provision in a contract, which means that dues are automatically deducted from employees’ paychecks. We think it’s fair to ask – If the union so badly wants union security and a check-off clause, what is the union willing to sacrifice of yours in order to get these things? The answer could be everything you now enjoy.

No. You have the same right to express your opinions as the employees who support the union. At Columbia Gas we always hope our employees will speak up and have their voices heard. Even if you are not involved in the organizing activity, you are involved in the outcome. The results will impact you and your work life. Don’t be intimidated. Speak up. We hope all employees are respectful of their co-workers’ opinions, but it is important that your opinion is known to the extent you to want it to be. Even if it may seem as though you are alone at first, there likely will be others in the group who agree with you.

Yes. It would be vitally important that everyone eligible to vote in the election did so. An election would be decided by a majority of those who actually vote. That means if out of 100 employees only 50 vote and of those, 26 vote for the union, the union comes in and represents all 100 employees, including those who voted against the union and those who didn’t vote at all. Be careful if someone were to tell you, “just don’t vote if you don’t want the union.” If you were not to vote, you would be allowing someone else to make a very important decision for you. Everyone would be bound by the result, whether they voted or not.

We don’t know. When the Union filed a petition for an election among Alliance-based employees last May, we were required by National Labor Relations Board rules to provide the Union and the Board with a systemwide list of employees’ names, job titles, work locations and work hours. We were not required to  and did not include home addresses or cell phone numbers. We treat that information as personal and confidential, and would never release it unless required by law to do so.

No. Union supporters would not be given favorable treatment over those who vote to keep the union out, and vice versa. If a union were voted in, wages and job assignments would be subjects for collective bargaining and determined by the outcome of those negotiations. Often a union will give a shop steward role to its strongest supporters and demand in negotiations special privileges and benefits for the shop stewards.

Yes. Union organizers can make promises and “guarantees” to employees during organizing drives, but they do not have the power to fulfill any of those promises or guarantees without the agreement of the Company during contract negotiations. Columbia Gas and its supervisors are prohibited by law from making promises and guarantees during union organizing drives, even though the union can. Think of union organizers like political candidates; they make many promises that voters want to hear in order to get elected all the while knowing that they may not be able to fulfill them once elected. If they win the election, they only have won the right to sit at a table and negotiate (ask) for things that they want. Remember, the law says the Company can say no to any demand. Union promises don’t automatically become true once the election is over.

Yes. You have the right to speak out against the Union if you do not want it to represent you. You have a right, today, to speak out against whatever you feel is unjust or will have a negative impact on you or your peers. If you are against unionization, you have the right to act now. Just as those supporting unionization have the ability to advocate for it, you have the power to defend your right to continue to represent yourself. You have the same right to express your beliefs as those who support the Union, and you should take advantage of that right.

No. Sometimes union organizers will say “just try us” or imply you can vote the union in on a “trial basis.” That’s not accurate. Decertifying a union from a workplace is not easy. It is a lot harder to get rid of a union than it is to vote one in.

Employees would be required to stick with the new union for at least one year and, if a union contract were reached, for potentially 3 years after the contract was entered into. A typical 3-year contract freezes employees into the Union for at least those 3 years. It is important for employees to understand the longevity of a union and its contracts so that they do not vote the Union in on a whim. The union organizer says that the Union exists for the benefit of the employees and that it is wrong to oppose the Union. While a union represents employees, it is not a charitable or benevolent organization. A union is a business. Union organizers are professional salespeople whose success depends on selling memberships. Columbia Gas employees are the Union’s potential customers. A union’s primary income is derived from its members’ dues, fees, assessments and fines.