Author Topic: back pay part 3 - CHECKS CUT!  (Read 1919 times)

Offline Buzz

  • Administrator
  • Hero Member
  • *****
  • Posts: 1644
    • View Profile
back pay part 3 - CHECKS CUT!
« on: January 14, 2014, 06:41:50 PM »
Ok, gang ... so there would be no chance for error or miscommunication, and so I could report to you first-hand, I stopped in to see Neil this afternoon. The checks HAVE been cut. The earnings statement that goes with my check was on his monitor. He also actually had Stacy come down and show me my check, sealed in it's envelope. Take my word ... they're there.

Will they make it to the NLRB by the end of the week? Well, I hope so. There's somewhat of a Mexican standoff between Neil and the union. Neil wants the union to tell the DOE to release his money before he hands over the checks, the union wants Neil to hand over the checks before they give the DOE the okay. (I get the impression neither side trusts the other ... LOL)

I am fairly confident that with the great legal minds each side has working for them (?) they will find a way to resolve this before the week's end.



Debating with an idiot is like playing chess with a pigeon it knocks the pieces over, craps on the board, and flies back to its flock to claim victory.

Offline Golfnut

  • Newbie
  • *
  • Posts: 48
    • View Profile
Re: back pay part 3 - CHECKS CUT!
« Reply #1 on: January 14, 2014, 11:34:04 PM »
As always , Thanks for the info Buzz....

Offline PROUD MEMBER

  • Full Member
  • ***
  • Posts: 140
    • View Profile
Re: back pay part 3 - CHECKS CUT!
« Reply #2 on: January 15, 2014, 02:16:32 AM »
Buzz
Thanks for the update. I'm sounds like good news but unfortunately it still seems like games are being played with our money and if what you say is true this time the Union is holding up the process. According to the MOA one of the conditions was "Local 1181 directs DOE in writing to release all funds attached in relationship to this decision". I assumed Michael & the Executive Board would have done this the day after we ratified the MOA. I personally can not understand the logic in not doing this already. The MOA does not state in what order all three conditions had to be met but the way it's written you would think it would be done in order 1,2,3. I'm not just curious, I want my money and as soon as I see Ernie I will ask him why condition #2 hasn't been met yet. Obviously if it was and then Neil did not release the checks conditions 1 & 2 would have been met and he would be in defiance of condition #3 at which point the Local could take appropriate legal action. As always Buzz thanks again.

Offline PROUD MEMBER

  • Full Member
  • ***
  • Posts: 140
    • View Profile
Re: back pay part 3 - CHECKS CUT!
« Reply #3 on: January 15, 2014, 02:51:18 AM »
Furthermore according to the MOA originally the NLRB had nothing to do with releasing the checks their involvement was to waive the interest and calculations of backpay due. Which apparently they have. So unless Local 1181 directed the DOE to release the funds,  Neil would not have to pay us. I'm just venting & trying to make sense of this. Like a said when I see Ernie I will ask because now it seems that the ball is in our court and enough is enough.

Offline Buzz

  • Administrator
  • Hero Member
  • *****
  • Posts: 1644
    • View Profile
Re: back pay part 3 - CHECKS CUT!
« Reply #4 on: January 15, 2014, 05:21:01 AM »
You're being critical of the union unjustly, but I understand it's just because I did not fully explain the dichotomy at play here:

Neil does not want to release the checks without being absolutely certain that the union will actually tell the DOE to release his money.

The union does not want to tell the DOE to release Neil's money without being absolutely certain that he will actually release the checks.

Each side is leery of there being any more surprises as this process has been riddled with and does not want to leave anything to chance. I can understand Neil wanting to protect himself, and certainly understand the union wanting to protect us. It does not seem to me that this is a dilemma that can't be easily resolved.
« Last Edit: January 15, 2014, 05:22:41 AM by Buzz »
Debating with an idiot is like playing chess with a pigeon it knocks the pieces over, craps on the board, and flies back to its flock to claim victory.

Offline PROUD MEMBER

  • Full Member
  • ***
  • Posts: 140
    • View Profile
Re: back pay part 3 - CHECKS CUT!
« Reply #5 on: January 15, 2014, 05:38:25 AM »
OK Buzz but you're not understanding my point or maybe I'm reading it wrong. You state that "
The union does not want to tell the DOE to release Neil's money without being absolutely certain that he will actually release the checks." That is exactly opposite of what the MOA states. It says all three conditions have to be met before Neil releases the checks. As I said I will ask Ernie when I see him but in the mean time anyone else's input would be appreciated.

Offline PROUD MEMBER

  • Full Member
  • ***
  • Posts: 140
    • View Profile
Re: back pay part 3 - CHECKS CUT!
« Reply #6 on: January 15, 2014, 05:50:13 AM »
One more thing just to make sure I'm understood. I believe in our Union but with regards to this matter (DOE releasing monies) I don't understand it and I looking for answer from my Union.  :yawn:

Offline yabba

  • Jr. Member
  • **
  • Posts: 76
    • View Profile
Re: back pay part 3 - CHECKS CUT!
« Reply #7 on: January 15, 2014, 08:37:01 AM »
thanks buzz for getting us the truth its appreciated!!!! and thanks ernie for your best effort for us as always...woodhaven blvd is another story...and neil should have a company meeting and give us his thoughts on the continuing mess of this industry , i thinks it time we give neil a break and listen to both sides of the coin,seems we need to hear his side of all this mess that has been going on ...
« Last Edit: January 15, 2014, 08:39:58 AM by yabba »

Offline Air_Brakes

  • Newbie
  • *
  • Posts: 36
    • View Profile
Re: back pay part 3 - CHECKS CUT!
« Reply #8 on: January 15, 2014, 08:39:55 AM »
This is precisely what is meant by no communication from the UNION. It takes a driver to engage the owner in a conversation and get good information and tell it to the troops rather than hear it from our paid reps.  This info was not made up yesterday.   It may not matter in what way we hear this perplexing  information to some people, but I think we should be kept up to date in a better manner....just my opinion.  Thanks Buzz.    :perplexed:

Offline yabba

  • Jr. Member
  • **
  • Posts: 76
    • View Profile
Re: back pay part 3 - CHECKS CUT!
« Reply #9 on: January 15, 2014, 08:44:02 AM »
airbrakes well said...i also think neil isnt a bad guy..woodhaven blvd needs to answer and the master pick mess is not an excuse ....according to this website they took nice raises recently so burn the midnight oil ...

Offline Buzz

  • Administrator
  • Hero Member
  • *****
  • Posts: 1644
    • View Profile
Re: back pay part 3 - CHECKS CUT!
« Reply #10 on: January 15, 2014, 08:49:42 AM »
OK Buzz but you're not understanding my point or maybe I'm reading it wrong. You state that "
The union does not want to tell the DOE to release Neil's money without being absolutely certain that he will actually release the checks." That is exactly opposite of what the MOA states. It says all three conditions have to be met before Neil releases the checks. As I said I will ask Ernie when I see him but in the mean time anyone else's input would be appreciated.

By all means DO ask Ernie so that your concern can be addressed to your satisfaction (hopefully).

I think I do understand your point, but what you may be overlooking is that at the time the MOA was written, neither side knew that the NLRB would be throwing a wrench in the works by requesting the checks be delivered to them. Number 2 of the conditions in the MOA states: "Local 1181 directs the NYC Department of Education (DOE) in writing to release all funds attached in relation to the Decision." So, I do agree with you that the way it is written, the union directing the DOE to release the funds does precede the company releasing the checks. At the same time, it is hard for me to fault the union for being cautious (perhaps overly so) on our behalf. Just my opinion.
Debating with an idiot is like playing chess with a pigeon it knocks the pieces over, craps on the board, and flies back to its flock to claim victory.

Offline Buzz

  • Administrator
  • Hero Member
  • *****
  • Posts: 1644
    • View Profile
Re: back pay part 3 - CHECKS CUT!
« Reply #11 on: January 15, 2014, 09:04:53 AM »
1181 ... NLRB ... DOE ... It occurs to me that the real problem here may be that we have too many people looking out for our best interest!!!  :rotfl:
Debating with an idiot is like playing chess with a pigeon it knocks the pieces over, craps on the board, and flies back to its flock to claim victory.

Offline PROUD MEMBER

  • Full Member
  • ***
  • Posts: 140
    • View Profile
Re: back pay part 3 - CHECKS CUT!
« Reply #12 on: January 15, 2014, 09:38:14 AM »
Again I will ask Ernie and again I thank you for everything. Not just this matter but all matters since this site was started. Having said that the NLRB did not throw this monkey wrench into the mix until recently. So hopefully Ernie can answer why the Local did not request that the DOE release the money the day or week after we ratified the MOA??

Offline Buzz

  • Administrator
  • Hero Member
  • *****
  • Posts: 1644
    • View Profile
Re: back pay part 3 - CHECKS CUT!
« Reply #13 on: January 15, 2014, 10:20:38 AM »
So hopefully Ernie can answer why the Local did not request that the DOE release the money the day or week after we ratified the MOA??

You seem to be intent on making the union the latest villain here, so perhaps Ernie would be the best one to put your mind at ease.

As for myself, I would attribute it to condition #3, that the NLRB approve "the waiver of interest and calculations of back pay" and that payment would be made after "the occurrence of the latest of the above conditions."

I would say the NLRB's approval would be the lastest condition to be met, so the union requesting the release of the money before that would have been premature ... if not totally careless.

But that's just my understanding of it ... maybe Ernie has a different explanation.
« Last Edit: January 15, 2014, 10:30:08 AM by Buzz »
Debating with an idiot is like playing chess with a pigeon it knocks the pieces over, craps on the board, and flies back to its flock to claim victory.

Offline Buzz

  • Administrator
  • Hero Member
  • *****
  • Posts: 1644
    • View Profile
Re: back pay part 3 - CHECKS CUT!
« Reply #14 on: January 15, 2014, 11:24:30 AM »
There's somewhat of a Mexican standoff between Neil and the union. Neil wants the union to tell the DOE to release his money before he hands over the checks, the union wants Neil to hand over the checks before they give the DOE the okay.

I am fairly confident that with the great legal minds each side has working for them (?) they will find a way to resolve this before the week's end.

I'm quoting my original post of this thread just to clarify ... I don't want to give anybody the impression that this is an all-out, tooth-and-nail battle between Neil and the union ... it is not. Both are simply trying in earnest to come to an amicable resolution that will best protect their interest. Neither is trying to intentionally delay the process, but both are understandably being very cautious. Although any reason for delay may be frustrating to us, I ... for one ... am grateful the union is giving this such careful scrutiny. There is A LOT of money at stake here. In fact, Neil had to put up the money to pay the taxes that came out of our checks before they could be cut ... which is required when it is over a million. So wanting the release of the money the DOE is holding to help cover the checks is not at all unreasonable, IMHO.

It's a bit of a chicken-and-egg scenario that I still don't think will be all that hard to bring to a timely conclusion.



« Last Edit: January 15, 2014, 11:26:10 AM by Buzz »
Debating with an idiot is like playing chess with a pigeon it knocks the pieces over, craps on the board, and flies back to its flock to claim victory.