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Locked-Out Crystal Sugar Workers Ratify Contract

(4.15.13 AFL-CIO news release)

A majority of union members locked out by American Crystal Sugar, since August 1, 2011, have voted to ratify the contract proposed by company management.

"This means Crystal Sugar's skilled, experienced workers will be transitioning back to the factories to start repairing the damage that's been done over the past 20+ months," said John Riskey, President of Bakery, Confectionery, Tobacco Workers and Grain Millers (BCTGM) Local 167G.

"BCTGM members thank all who have supported our stand for justice and dignity and who have helped our families survive these hard times."

The contract was ratified by a 55% majority.

Crystal Sugar Statements NOT the Whole Story

(3.13.13 AFL-CIO news release)

Union representatives of workers who have been locked out of their jobs by American Crystal Sugar for more than 18 months, point out that company management is not telling the whole story about Crystal ‘s lengthy and costly campaign to block unemployment insurance coverage for locked out workers.

American Crystal Sugar just filed a Petition for Rehearing with the North Dakota Supreme Court Tuesday, asking the Court to reverse its decision on unemployment benefits for locked out workers. However, Brian Ingulsrud, Crystal’s Vice President of Administration told shareholders and the public, “There’s not a whole lot we can say because that’s a matter between them and the state.”

In fact, Crystal Sugar has been paying a large Minneapolis law firm to argue against locked out workers receiving unemployment benefits from the lockout’s beginning. Through their hired lawyers, the company has opposed payment of benefits at all levels of North Dakota’s unemployment insurance system, from the state Job Service all the way to the Supreme Court of North Dakota.

“What Crystal Sugar Corporate says to shareholders and the public is one thing. What it does behind their backs is completely different,” said John Riskey, President of BCTGM Local 167G. “If unemployment benefits are a matter between workers and the state, why has the company involved itself in the process and spent so much shareholders’ money on appeal after appeal?”

It is clear, Riskey said, that the petition to the Supreme Court by Crystal Sugar is yet another way of punishing locked out workers for belonging to a union.  He noted that, though eligibility for unemployment insurance is a matter between individual workers and the state and does not involve the union, Crystal Sugar management continually refers to the union or organized labor in its petition.

American Crystal Sugar has processing plants and/or packaging & transportation sites in:

MINNESOTA - Chaska, East Grand Forks, Crookston & Moorhead                  

NORTH DAKOTA - Hillsboro & Drayton                  

IOWA - Mason City

Locked Out Crystal Sugar Workers Reject Contract for 4th Time

(12.1.12 AFL-CIO news release)

Union workers locked out at American Crystal Sugar voted 55% to reject management's contract offer.  This is the fourth time members of the Bakery, Confectionery, Tobacco Workers and Grain Miller's International Union (BCTGM) have voted on an identical offer.  

"By now it should be clear that Dave Berg & Crystal Sugar's management team has no interest in ending a fiscally irresponsible lockout that has been disastrous to farmer shareholders, put the federal sugar program in jeopardy, and hurt countless families in the Red River Valley," said BCTGM Local 167G President John Riskey.  "It's time for shareholders to reclaim their company and send management back to the table for real give-and-take negotiations."

Since the Crystal Sugar Lockout began:

Profits have fallen.  Net proceeds feel more than 30% in fiscal 2012 to $555 million, compared to $811 million for the fiscal year ending August 31, 2011.  The amount received by growers per ton of beets fell more than $14 to $58.67.  In contrast, farmers at Minn-Dak Farmers Coop are projected to receive $74.05 per ton in 2012.  Western Sugar expects $82.70 per ton and Michigan Sugar expects $87.74 per ton.

Production is down.  Warehouses are full of unsalabe remeit.  Production of molasses (less valuable compared to sugar) grew 124% due to storage problems and production delays.  Tons of products produced and sold declined more than 15% in fiscal 2012, tot he lowest level in a decade.

Debt continues to rise.  Short-term debt increased to $110 million by August 2012, a 66% increase from the $66.2 million in debt at the end of fiscal 2011, and a 2100% increase from $5 million in debt at the end of fiscal 2010.  American Crystal had its lender increase its line of credit by $60 million.

In October, the AFL-CIO called for a nationwide consumer boycott of American Crystal Sugar products.  With Crystal's refusal to end the lockout, the boycott will continue.  Added Riskey, "BCTGM members thank al who have continued to support our stand for justice and dignity and who have helped our families survive these hard times.

American Crystal Sugar has processing plants and/or packaging & transportation sites in:

MINNESOTA - Chaska, East Grand Forks, Crookston & Moorhead                  

NORTH DAKOTA - Hillsboro & Drayton                  

IOWA - Mason City

A Brief History Of Opposition To Public-Sector Unionism

There is nothing new about opposition to public-sector unionism.  It has been a feature of American life for over one hundred years.  But in some ways, the current wave of anti-unionism is a departure. Three different eras of opposition to public-sector unionism, including the current one, have been distinguished by distinct core arguments against collective bargaining for public employees. Read more.

What is Collective Bargaining?

For years, not many people talked about collective bargaining. But that changed when Wisconsin Gov. Scott Walker, Ohio Gov. John Kasich and Republican politicians in a dozen other states decided to eliminate the right to bargain collectively from public employees. Learn more

Study: U.S. Has Weakest Labor Protections Among Rich Nations.

A new international comparison makes it clear just how weak  protections are for working people in the United States.  Learn more about this trend.

Clear and Concise Language

by Don Gilbertson, Field Representative

There is an expression used when crafting or negotiating contract language. The term clear and concise language is often used and is always the goal dealing with contract language at the negotiating table. It can be dangerous to use contract language that is susceptible to multiple interpretations, especially if the language lies dormant in your Labor Agreement for a number of years. Both management and the union might raise questions concerning the intent of that dusty old clause in the Agreement. Who put this in the contract? Has it ever been applied? Do the parties agree on how the language is interpreted and applied? In order to avoid questions about meanings or application, the parties should craft the language so that it is clear and unambiguous. The application of the clause should be obvious to the reader.

Recently I had experience with one of these dusty old clauses which had been in the Labor Agreement for six years.

The clause itself read:

If a health insurance eligible employee resigns or retires with at least 20 years of service and is at least 60 years of age or meets the rule of 90 (age plus years of experience) and prior to age 65 the District shall contribute $3500 per year for those retirees who had single coverage at the time of retirement, or $7500 per year for those retirees who had family coverage at the time of retirement, to a health savings account or similar plan. Contributions will cease when the employee attains the age of 65.

Now for the rest of the story:

We will call the employee Georgina. Georgina was a 20-year plus employee of the district and is now age 62. For most of her career, Georgina carried single insurance through the district. A few months prior to her retirement, she added her husband to her district plan so she had family coverage. Georgina then retired from the school district thinking that she was eligible for the full $7500 per year contribution to her health care savings account.

The district refused to pay the $7500 into her health care savings account, and instead contributed only $3500. A series of conversations ensued. The district offered a variety of explanations in the grievance process.

***That is not how we do it with the teachers.

***We had a “gentleman’s agreement” that the employee had to have family insurance for one full insurance year to be eligible.

The district was reminded in the grievance process that the language in question had appeared unchanged for three full contract cycles. The district settled the grievance!

Analysis
As the author of the language in the first place, you might ask me if I put the phrase at the time of retirement in on purpose. The answer is a resounding yes!! Although there was discussion at the negotiating table about that exact phrase, the district did not ask that it be changed and eventually accepted the proposal. Therefore the district knew what it was getting into - or at least it should have known. Did Georgina take advantage of the system? Judge for yourself, she was on the negotiating committee when the language was first added to the Agreement.

Know Your Rights!

If you are questioned in any way about your conduct or work activities, you need to be aware of your rights to representation and know the answers you give may be used against you. download pdf

MN Para News & Updates

**Minnesota’s Rubric – Para Portfolios: The MN Dept. of Ed. (DOE) has developed Minnesota’s Rubric for the Evaluation of Para Portfolios, a system of evaluating portfolios is through a set of rubrics, which outlines the MN Core Competencies. This process allows an effective and efficient process for districts to assist the portfolio evaluation team to ensure that paras have the required knowledge and skills. Download the Rubric in pdf format.

**Consortium Members Needed: The MN Para Consortium has several vacant positions brought about by terms ending including: Parent (Spec. Ed.), Parent (Title), Principal, Spec. Ed. Para and Staff Development Coord. For more information about the open positions, you can check out the Consortium’s website or contact MSEA Field Rep Bob Schrank (cell phone: 651.260.3781).

**Planning to take the the ParaPro Assessment test? Check out MSEA's Helpful Links for websites offering assistance in helping you prepare.

**Download a pdf copy of the final MN Paraprofessional Requirements for meeting NCLB.  Local Requirements can also be found at http://ici2.umn.edu/para/. The House Education and the Workforce Committee majority staff released two updated guides to "Frequently Asked Questions" regarding NCLB and IDEA. Update your library with these handy reference guides.

**The MN Dept. of Education has drafted Local Assessment Definitions to be used in determining if paras meet NCLB standards that have been adopted. Remember, the local assessment is different than the standards for the voluntary credential being developed under MN statute.

**Para eFolio: This online resource will provide a tool for paras to track completion of all core competencies, as well as an online resume. Click here to build a Para eFolio.

**Minnesota will use the ETS Para Pro Test as the assessment tool referenced in the Para Credential and Local Assessment. Information about this test can be found on the Consortium website.